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
You may not assign, transfer or sublicense all or any of your rights or obligations under these Terms without Datadog's express prior written consent.
These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company.
These Terms may not be assigned or transferred by you except with our prior written consent.
"Customer may not assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Mixpanel (not to be unreasonably withheld or delayed).Excerpt from Mixpanel's Terms of Use
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The clause states: “Customer may not assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Mixpanel (not to be unreasonably withheld or delayed).”
ConductAtlas has identified this type of provision across 297 platforms. See the full comparison.
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