Legal

Generative AI Service Addendum

Your use of the AI Features is subject to the terms of this Generative AI Service Addendum (“Addendum”), which is incorporated into and forms part of the Master Services Agreement (“Agreement”) between you and Mixpanel, Inc. (“Mixpanel”, “we” or “us”), pursuant to which you subscribed to Mixpanel’s Application Services. “You” and “your” means the entity you represent in accepting this Addendum. “AI Features” means any feature(s) or functionality within the Application Services labeled as AI-powered that utilize machine learning functionality. Your Customer Content utilized in the AI Features includes: (1) “Input” - any prompt, data, text, or other input any Authorized User provides or makes available to be processed by AI Features, and (2) “Output” - any output generated and returned to an Authorized User, by AI Features, based on Input. For the avoidance of doubt, Output does not include any dashboards, report templates or any other technology or components of the Application Services created, developed, used or provided by Mixpanel. Any capitalized terms used but not defined in this Addendum have the meanings set out in the Agreement. By accessing or using the AI Features, you agree to the terms of this Addendum on behalf of the entity that you represent.

1. Generative AI Inputs and Outputs

1.1 You retain all right, title, and interest (including all intellectual property rights) in and to any Input or Output. Mixpanel’s subprocessor for the AI Features, OpenAI L.L.C. (“OpenAI”), is contractually prohibited from utilizing Inputs or Outputs to train or improve its models for its own purpose. By default, Mixpanel will not use any Input or Output to train or improve the AI Features. However, in order to assist Mixpanel in enhancing the functionality of the AI Features, you may, at your sole discretion, “opt-in" to provide Mixpanel with a perpetual license to access, use, process, copy, distribute, perform, export, and display any Input and Output in connection with improving the AI Features by enabling this in the Mixpanel Admin console. More information about Mixpanel’s AI Features, including how to opt-out from enabling the AI Features in your Mixpanel instance or opt-in to enable Mixpanel to use Inputs to improve the AI Features, is available here.

1.2 Inputs

1.2.1 Your Responsibilities. You are solely responsible for your Inputs. You must not submit any Inputs that violate the intellectual property rights of third parties, applicable law, the Agreement, or this Addendum.

1.2.2 Personal Information. While we encourage you not to Input personal information into AI Features, if you use AI Features to process personal information, then you must comply with all applicable data privacy laws and regulations, including providing privacy notices and obtaining consent, where required.

1.2.3 PHI. You must not submit “Protected Health Information,” as defined by HIPAA, as Inputs to AI Features. As used in this Section 3.1.3, HIPAA refers to the Health Insurance Portability and Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Health Act of 2009 and the regulations promulgated thereunder, as amended from time to time.

1.3 Outputs

1.3.1 Your Responsibilities. You are solely responsible and use of the Outputs, and for ensuring your use of the Outputs: (i) does not violate or infringe a third party’s intellectual property rights, (ii) does not violate applicable law, and (iii) is not in breach of the Agreement and this Addendum.

1.3.2 Similarity of Outputs. You acknowledge that due to the nature of generative artificial intelligence, Outputs may not be unique and AI Features may generate the same or similar content for third parties, in each case independent of the Inputs (“Similar Content”). Similar Content will not be considered Customer Content.

1.4 DISCLAIMER. YOU ACKNOWLEDGE THAT OUTPUT IS GENERATED BY MACHINE LEARNING CAPABILITY, AND WE MAKE NO WARRANTY OR GUARANTEE AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE OUTPUT. MIXPANEL WILL HAVE NO LIABILITY ARISING FROM YOUR USE OF THE AI FEATURES OR ANY ERRORS OR OMISSIONS CONTAINED IN THE OUTPUTS.

1.5 Usage Restrictions. We use machine learning functionality provided by a third party subprocessor, OpenAI, in the AI Features. In your use of AI Features, including your use of Input or Output, you acknowledge and agree to comply with, and to require each of your Authorized Users to comply with the policies available here, which may change from time to time.

2. Order of Precedence

In the event of any conflict or inconsistency between this Addendum and the Agreement or, if applicable, an order form governed by the Agreement (an “Ordering Document”), this Addendum shall prevail, unless otherwise explicitly specified in an Ordering Document.