“EXCEPT FOR EXCLUDED CLAIMS OR ENHANCED CLAIMS TO THE EXTENT APPLICABLE TO CUSTOMER, THE AGGREGATE AND CUMULATIVE LIABILITY OF EACH PARTY...SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL APPLICATION SERVICES FEES PAID OR PAYABLE BY CUSTOMER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE ACT...OR (B) ONE THOUSAND DOLLARS ($1,000).”
This analysis describes what Mixpanel's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The cap limits the maximum financial recovery available to either party regardless of the magnitude of actual harm suffered, because total liability cannot exceed twelve months of fees or $1,000, whichever is greater.
The updated terms remove a prior restriction that explicitly excluded individually identifiable data from Mixpanel's definition of Usage Data. Under the revised language, Mixpanel may now classify data identifying or attributable to specific individuals as Usage Data. This expands the scope of data Mixpanel may use, retain, or share under its Usage Data provisions. Users should review Mixpanel's updated privacy policy and data usage terms to understand how individually identifiable data may now be processed.
View change record →The updated terms establish automatic 7% annual fee increases at each renewal unless the parties expressly agree otherwise in writing. Previously, fees remained fixed for the subscription term and new pricing required written agreement. Under the revised language, customers will experience automatic cost escalation at renewal unless they actively negotiate or document a different arrangement. You can request a written agreement with Mixpanel to maintain fixed pricing or negotiate alternative increase terms before renewal.
View change record →If Mixpanel causes harm, the customer's maximum financial recovery is capped at twelve months of fees paid or payable, or $1,000 if that amount is lower.
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SUBJECT TO THE NON-EXCLUDABLE PROVISIONS AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOORDASH'S AGGREGATE LIABILITY UNDER ALL THEORIES OF LAW AND EQUITY...SHALL NOT EXCEED THE GREATER OF (A) AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO DOORDASH IN THE SIX (6) MONTH PERIOD...
IF YOU ARE A CONSUMER RESIDING IN NEW JERSEY, THE FOLLOWING PROVISIONS OF THIS AGREEMENT DO NOT APPLY TO YOU (AND DO NOT LIMIT ANY RIGHTS THAT YOU MAY HAVE) TO THE EXTENT THAT THEY ARE UNENFORCEABLE UNDER NEW JERSEY LAW...
We are liable for making sure that funds credited to you from Tap to Pay transactions are credited to your business profile...solely to the extent we receive such funds from the relevant card scheme, bank acquirer or other third-party
"EXCEPT FOR EXCLUDED CLAIMS OR ENHANCED CLAIMS TO THE EXTENT APPLICABLE TO CUSTOMER, THE AGGREGATE AND CUMULATIVE LIABILITY OF EACH PARTY...SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL APPLICATION SERVICES FEES PAID OR PAYABLE BY CUSTOMER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE ACT...OR (B) ONE THOUSAND DOLLARS ($1,000).Excerpt from Mixpanel's Terms of Use
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The cap limits the maximum financial recovery available to either party regardless of the magnitude of actual harm suffered, because total liability cannot exceed twelve months of fees or $1,000, whichever is greater.
If Mixpanel causes harm, the customer's maximum financial recovery is capped at twelve months of fees paid or payable, or $1,000 if that amount is lower.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
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