“Mixpanel will defend Customer at Mixpanel's expense from any and all claims...alleging that the use of the Application Services as permitted hereunder infringes such third party's patent, copyrights, or trademarks, or misappropriates such third party's trade secrets.”
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
Mixpanel bears the defense burden and cost for covered IP infringement claims, which protects the customer from litigation expenses arising from their permitted use of the Application Services.
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 a third party claims that your permitted use of the Application Services infringes their patents, copyrights, or trademarks, or misappropriates their trade secrets, Mixpanel will defend you at its own expense.
How other platforms handle this
this Section 14 states the parties' sole and exclusive remedy under this Agreement for any third-party allegations of Intellectual Property Rights infringement covered by this Section 14.
Smartsheet has no obligation or liability under this Section 7.1 to the extent any Claim Against Customer arises from...Smartsheet's compliance with designs, specifications, or instructions provided in writing by Customer if such infringement would not have occurred but for such designs, specificati...
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
"Mixpanel will defend Customer at Mixpanel's expense from any and all claims...alleging that the use of the Application Services as permitted hereunder infringes such third party's patent, copyrights, or trademarks, or misappropriates such third party's trade secrets.Excerpt from Mixpanel's Terms of Use
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Mixpanel bears the defense burden and cost for covered IP infringement claims, which protects the customer from litigation expenses arising from their permitted use of the Application Services.
If a third party claims that your permitted use of the Application Services infringes their patents, copyrights, or trademarks, or misappropriates their trade secrets, Mixpanel will defend you at its own expense.
ConductAtlas has identified this type of provision across 225 platforms. See the full comparison.
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