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
In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death.
In the event of such a termination by Customer, we will refund Customer any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination.
If you are on a paid subscription and we discontinue the Service you are using during your subscription...if we're unable to do so, we will provide you a pro-rata refund of fees prepaid for the remaining period of your subscription.
"If the Agreement terminates due to Mixpanel's uncured material breach, Customer shall be entitled to receive a refund of any prepaid, unused fees applicable to the remaining portion of the applicable Subscription Term following the effective date of termination.Excerpt from Mixpanel's Terms of Use
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The clause states: “If the Agreement terminates due to Mixpanel's uncured material breach, Customer shall be entitled to receive a refund of any prepaid, unused fees applicable to the remaining portion of the applicable Subscription Term following the effective date of termination.”
ConductAtlas has identified this type of provision across 178 platforms. See the full comparison.
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