Legal

Session Replay Beta Service Addendum

This Session Replay Beta Service Addendum (“Addendum”) 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” means the entity you represent in accepting this Addendum. This Addendum applies to your use of the session replay features within the Application Services made available by Mixpanel (“Session Replay”). If the entity you represent requires an electronically signed amendment to the Agreement to effect the incorporation of this Addendum, please contact legal@mixpanel.com.

You represent and warrant that: (i) you have full legal authority to bind your entity to this Addendum; (ii) you have read and understand this Addendum; and (iii) you agree to this Addendum on behalf of the entity that you represent. If you do not have such authority or do not agree to these terms, do not access or use Mixpanel’s Session Replay. If the terms of this Addendum are considered an offer, acceptance is expressly limited to such terms. This Addendum is effective as of the date you use or access Session Replay (the “Effective Date”). Any capitalized terms used but not defined in this Addendum have the meanings set out in the Agreement.

1. Beta Service Terms

Session Replay is considered a “Beta Service” meaning that they are offered by Mixpanel for you to try at your option and at no additional charge. This Beta Service is intended for evaluation purposes and not for production use, is not fully supported, and is subject to this Addendum. This Beta Service is provided on an “as-is” and “as available” basis without any warranty, support, maintenance, storage, service-level agreement, or indemnity obligation of any kind and is not considered “Application Services” under your Agreement with Mixpanel, provided, however, that, all restrictions and obligations applicable to your use of the Application Services and Mixpanel’s reservation of rights shall apply equally to your use of the Beta Service. Mixpanel may discontinue this Beta Service at any time in its sole discretion and may never make it generally available. Mixpanel will have no liability for any harm or damage arising out of or in connection with this Beta Service and any limitation of liability applicable to you under the Agreement shall not apply to your use of Session Replay. This Beta Service is considered Confidential Information of Mixpanel and you agree not to disclose any information about, involving, or regarding this Beta Services except as agreed by Mixpanel in writing.

Information collected as a result of using Session Replay, including the Session Replay, is considered Customer Content. Customer is solely responsible for how Session Replay is configured on Customer’s web or mobile application, including but not limited to what data to track and send to the Application Services. Depending on Customer’s configuration of Session Replay, Customer Content for Session Replay may include Personal Information. Customer shall use reasonable efforts to limit the inclusion of Personal Information in Customer Content to the amount that is directly relevant and necessary to Customer’s use of Session Replay. Customer represents and warrants that it has provided all appropriate notices and disclosures, and obtained all necessary permissions and consents, to use Session Replay to track End Users and transfer Customer Content to Mixpanel and its third-party subcontractors for the purpose of processing such Customer Content in accordance with this Addendum and the Agreement.

2. Indemnity.

You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Session Replay and your breach of this Addendum or violation of applicable law.

3. 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.

4. Modifications.

Mixpanel reserves the right to modify the terms and conditions of this Addendum from time to time, by posting the modified terms on a Mixpanel website. Any updated version of these terms shall become effective as of the posting date and will supersede all prior versions. Your continued use of the Application Services after the updated version has been posted, will constitute your acceptance of such updated terms and no separate notice will be required.