We’re updating our terms and conditions to save our customers time, give peace of mind
At Mixpanel, we’ve made progress on our mission to streamline the purchasing process for customers by posting our pricing publicly and making it easier to purchase any plan (up to 1B events monthly) online.
While those efforts have clearly created efficiencies on the front end of the purchasing process, we recognized that to truly reduce friction, we had to address the step that’s notorious for taking customers and their lawyers sometimes weeks or months to process: contracting. Today, we are rolling out a standardized set of terms and conditions (or “Ts & Cs”) that are clearer, more comprehensive, and provide a novel approach to liability—all elements we believe will streamline the review process.
We now provide customers with enterprise-level vendor commitments, irrespective of price point
We offer Intellectual Property Indemnity to all of our customers
We understand that customers want assurances that Mixpanel will have their back in case their use of our services, in accordance with the obligations and restrictions in the agreement, cause a third party to sue them for intellectual property infringement. This is typically referred to as “IP Indemnity,” and while it is common in most enterprise-level agreements, it is not a commitment often provided at lower spend levels. At Mixpanel, however, we stand by our services and will defend our customers’ use against third-party IP infringement claims.
Higher liability cap: The more you spend, the more you get
The liability clause in a contract is often the most contested and negotiated provision. Each party wants to ensure that if the counterparty breaches a contractual obligation, they will get paid for any losses it has or will incur. As a starting point, many companies will either disclaim all liability in their contract or limit their liability to fees paid or payable within a specified time frame. At Mixpanel, we’ve historically done the latter: We’ve capped our liability at fees paid or payable by customer for the services in the 12 months preceding a claim (the “Fees Paid”). While this is a customary position to take in our industry, many customers require a higher cap on liability, and quite frankly, we think most companies can afford to offer more.
Negotiating a liability clause is never easy and it often entails multiple cycles of back-and-forth negotiations. However, in keeping in tune with our cultural value of Customer Focus and to eliminate the need to negotiate this clause, Mixpanel will now provide the following:
- For customers on our Free Plan, who ordinarily would not be entitled to any damages under Mixpanel historical contracts because there are no fees paid or payable to Mixpanel, we will now offer a $1,000 cap on liability.
- For customers who commit to spend more than $60,000 dollars for the Application Services in a 12 month subscription term, Mixpanel will now provide two times the Fees Paid for claims related to Mixpanel’s (i) IP Indemnity obligations, (ii) breach of its confidentiality obligations, and (iii) breach of the technical and organizational measures described in Mixpanel’s Data Privacy Addendum that result in the unauthorized use or loss of Personal Information.
We believe this novel approach to Mixpanel’s limitation of liability clause will foster confidence that Mixpanel is providing the best valued services and not skirting its responsibilities with respect to liability.
A new way of doing business
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