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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 updated terms remove a contractual protection that previously prohibited Mixpanel from treating individually identifiable data as Usage Data. Under the revised language, Mixpanel may now classify data that identifies or is attributable to specific individuals as Usage Data, potentially making such data subject to uses and disclosures beyond what the Customer Content exclusion permits. This broadens the category of data Mixpanel may process and analyze under the Usage Data definition. The terms do not provide a mechanism to opt out of this reclassification.
View change record →The updated terms establish an automatic 7% fee increase mechanism that takes effect upon each subscription renewal. Previously, subscription fees remained fixed for the duration of the subscription term, with new pricing becoming effective only at the start of a new subscription term and only if the parties agreed in writing. Under the revised language, fees will now automatically escalate by 7% upon commencement of each renewal term unless the parties expressly agree otherwise in writing. This shifts the default pricing behavior from fixed-term rates to automatic annual escalation.
View change record →How other platforms handle this
This provision does not require you to indemnify any of the Company Parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation...
This provision does not include claims resulting from the Released Parties' willful misconduct and/or gross negligence.
Your obligations in Section 6.2 (Indemnification by Customer) of this Agreement will apply to the extent permitted by applicable law, regulation, or procedure.
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"Mixpanel will have no liability for any Claim that arises in whole or in part from: (a) modifications to the Application Service made by Customer or any third party; (b) the combination, operation or use of the Application Services with software, hardware, data or technology not provided by Mixpanel...Excerpt from Mixpanel's Terms of Use
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The clause states: “Mixpanel will have no liability for any Claim that arises in whole or in part from: (a) modifications to the Application Service made by Customer or any third party; (b) the combination, operation or use of the Application Services with software, hardware, data or technology not provided by Mixpanel...”
ConductAtlas has identified this type of provision across 233 platforms. See the full comparison.
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