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 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 →How other platforms handle this
The Platform Services, software and Documentation are "commercial computer software" and "commercial computer software documentation," respectively...Any use, duplication, or disclosure of the software...by or on behalf of the U.S. government is subject to restrictions as set forth in this Agreement...
These Terms contain the entire agreement between you and OpenAI regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and OpenAI.
If any provisions from this Policy are in conflict with any applicable laws, such provisions will be replaced by provisions of the same purport that reflects the original intention of the provision, to the extent permissible under the applicable laws.
"If Customer is a U.S. federal government department or agency or contracting on behalf of such department or agency, the Application Services are a "Commercial Item" as that term is defined at 48 C.F.R. §2.101...Excerpt from Mixpanel's Terms of Use
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The clause states: “If Customer is a U.S. federal government department or agency or contracting on behalf of such department or agency, the Application Services are a "Commercial Item" as that term is defined at 48 C.F.R. §2.101...”
ConductAtlas has identified this type of provision across 290 platforms. See the full comparison.
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