Legal
SUPPLEMENTAL TERMS
These Supplemental Terms ("Supplemental Terms") apply to the Mixpanel products and offerings specified below and are incorporated into and form part of the agreement between Customer and Mixpanel pursuant to which Customer has subscribed to the Application Services ("Agreement"). Capitalized terms used and not defined in the Supplemental Terms have the meanings given to them in the Agreement. If there is any conflict between these Supplemental Terms and the Agreement, the Supplemental Terms shall prevail. By accessing or using the products and offerings specified below, you agree to these Supplemental Terms on behalf of the entity that you represent.
1. AI Features
These terms apply to AI Features made available in the Application Services.
1.1 Definitions.
1.1.1 "AI Features" means any generative artificial intelligence, large language model (LLM), or similar features provided as part of the Application Services. These AI Features will be identified as such within the Documentation or the Application Services interface.
1.1.2 "Input" means any prompt, data, text, or other content that Customer provides or makes available to AI Features.
1.1.3 "Output" means any output generated and returned to Customer by the AI Features based on an Input.
1.2 Intellectual Property.
Inputs and Outputs are Customer Content under the Agreement. As between the parties, Customer retains all intellectual property rights in its Inputs and Outputs, subject to the rights granted to Mixpanel under the Agreement including without limitation these Supplemental Terms.
1.3 AI Service Providers.
Mixpanel engages third-party service providers of language models (LLMs) or generative artificial intelligence functionality to deliver the AI Features ("AI Service Providers"). Mixpanel's current AI Service Providers are listed at https://mixpanel.com/legal/subprocessor-list/, with applicable usage policies listed at https://mixpanel.com/legal/ai-compliance. Customer acknowledges and agrees to comply with the applicable AI Service Provider usage policies, as such policies may be amended from time to time by the respective AI Service Provider.
1.4 Mixpanel's Obligations.
1.4.1 Training Restriction. Mixpanel will not use Inputs or Outputs to train or fine-tune the AI Features, except solely for the benefit of Customer.
1.4.2 Non-Training Improvement. Customer hereby grants Mixpanel the right to use Inputs and Outputs to improve the AI Features, provided that (a) such data will only be used in a de-identified form and will not reveal the identity of any End-User, Customer, or any individual data subjects, and (b) such usage does not include or involve training any large language model or generative artificial intelligence functionality.
1.4.3 AI Service Providers Restriction. Mixpanel will not permit its AI Service Providers for the AI Features to use Inputs or Outputs to train or improve their large language models or generative artificial intelligence functionality.
1.5 Customer's Obligations, Restrictions, and Disclaimers.
1.5.1 Responsibility for Inputs and Outputs. Customer is solely responsible for its Inputs and Outputs, including determining whether Output is appropriate for its use. Customer will not submit any Inputs that violate the rights of third parties, applicable law, the Agreement, or these Supplemental Terms. Customer is solely responsible for ensuring its use of Outputs: (i) does not violate or infringe a third party's rights; (ii) does not violate applicable law; and (iii) is not in breach of the Agreement and these Supplemental Terms.
1.5.2 Certain Prohibited Healthcare Practices. Customer will not use the AI Features for the purpose of or relating to: (i) the practice of medicine, including for the purposes of preventing, diagnosing, or treating a disease or condition; (ii) medical claims coding or the support of medical billing, coding, or claims generation; or (iii) clinical research that is subject to 45 C.F.R. part 46 or 21 C.F.R. part 50 or any other applicable law or regulation governing such research.
1.5.3 DISCLAIMERS. CUSTOMER ACKNOWLEDGES THAT OUTPUT IS GENERATED BY LARGE LANGUAGE MODELS, ARTIFICIAL INTELLIGENCE, OR SIMILAR FUNCTIONALITY, AND MIXPANEL MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, OR LEGALITY OF OUTPUTS, INCLUDING AS TO WHETHER ANY OUTPUT INFRINGES THIRD-PARTY RIGHTS. Due to the nature of the AI Features, Outputs may not be unique or exclusive to Customer.
2. Agents.
2.1 Definition. "Agents" mean AI Features that Authorized Users may direct to take certain actions on behalf of Customer. Agents may be created by Customer, provided by Mixpanel, or provided by third parties as Third-Party Services.
2.2 Customer Obligations and Restrictions Relating to Agents. Customer is responsible for its use of Agents, including determining whether any actions Agents may take are appropriate for that use and appropriately supervising such actions. Customer will not use Agents in a manner that either violates third-party rights or applicable law.
3. Warehouse Connectors.
3.1 Definitions.
3.1.1 "Warehouse Connectors Features" means the functionality within the Application Services for warehouse connectors as described in the Documentation.
3.1.2 "Event" has the following meaning based on Customer's use:
3.1.2.1 When using Warehouse Connectors Features: Event means a JSON object consisting of an event name (string) and a dictionary of properties (object) that is: (a) created when a row from Customer's data warehouse is ingested and stored by the Application Services; or (b) modified through an update or deletion via Mixpanel's Warehouse Ingestion product feature.
3.1.2.2 When using all other Application Services: Event has the meaning defined in the Agreement. The definition in subsection 3.1.2.1 above does not apply.
4. Experimentation.
4.1 Definitions.
4.1.1 "Experiment" means an experiment analysis created by Customer with a unique Experiment Name property.
4.1.2 "MEU" or "Monthly Experiment User" means a JSON object comprised of an identifier or identifying string intended to indicate a unique user who has been exposed to one or more Experiments.
4.2 MEU A La Carte Fees.
If the number of Experiments per MEU in a calendar month is greater than thirty (30), each and every additional thirty (30) Experiments shall be considered an additional MEU for the purposes of calculating utilization and MEU A La Carte Fees. In the event Customer exceeds 12 times the quantity of MEUs purchased for Experiments in a 12-month period of the Subscription Term, Mixpanel shall charge Customer additional fees at 150% of the MEU per unit price ("MEU A La Carte Fees"). Mixpanel has the right to bill Customer for MEU A La Carte Fees, if any, at the end of the month incurred.
5. Feature Flagging.
5.1 Definitions.
5.1.1 "Feature Management API Request" means a call to the Feature Flagging API endpoint.
5.1.2 "Feature Flag" means a feature flag configured in the Application Services by Customer.
5.2 Feature Flagging A La Carte Fees.
In the event Customer exceeds the quantity of Feature Management API Requests purchased for Feature Flagging in a 12-month period of the Subscription Term, Mixpanel shall charge Customer additional fees at 150% of the per unit price ("Feature Flagging A La Carte Fees"). Mixpanel has the right to bill Customer for Feature Flagging A La Carte Fees, if any, at the end of the month incurred.