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SUPPLEMENTAL TERMS

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.

Product-Specific Supplemental Terms

The following Supplemental Terms apply to the Mixpanel products and offerings specified below and supplement the Agreement between Customer and Mixpanel pursuant to which Customer has subscribed to the Application Services. Capitalized terms used and not defined in the Supplemental Terms have the meanings given to them in the Agreement.

Warehouse Connectors

1. Definitions

1.1 "Warehouse Connectors Features" means the functionality within the Application Services for warehouse connectors as described in the Documentation.

1.2 "Event" has the following meaning based on Customer's use:

(a) When using Warehouse Connectors Features: Event means a JSON object consisting of an event name (string) and a dictionary of properties (object) that is: (i) created when a row from Customer's data warehouse is ingested and stored by the Application Services; or (ii) modified through an update or deletion via Mixpanel's Warehouse Ingestion product feature.

(b) When using all other Application Services: Event has the meaning defined in the Agreement. The definition in subsection (a) above does not apply.

2. Order of Precedence

If there is any conflict between the Supplemental Terms and the Agreement or any Order Form, the Supplemental Terms shall prevail only for matters related to the Warehouse Connectors Features, unless otherwise explicitly specified in an Order Form.

Mixpanel Agent Beta Service Addendum

This Mixpanel Agent 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" or "Customer" means the entity you represent in accepting this Addendum. This Addendum applies to your beta use of the Mixpanel Agent product feature within the Application Services made available by Mixpanel ("Mixpanel Agent"). The Mixpanel Agent feature is supported by large language models, machine learning, or other artificial intelligence technology as further described in this Addendum and the Documentation ("AI").

You represent and warrant that: (i) you have full legal authority to bind your entity to this Addendum; and (ii) you agree to this Addendum on behalf of the entity that you represent. This Addendum is effective as of the date you use or access Mixpanel Agent (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.

1.1 General Beta Service Terms. Mixpanel Agent is considered a "Beta Service" meaning that it is offered by Mixpanel for you to try at your option and at no additional charge. 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 this Beta Service and any limitation of liability applicable to you under the Agreement shall not apply to your use of Mixpanel Agent. This Beta Service is considered Confidential Information of Mixpanel.

1.2 Supplemental Terms. Mixpanel's Supplemental Terms available here ("Supplemental Terms") apply to your use of Mixpanel Agent.

1.3 Third-Party Provider. You acknowledge that we use AI and related services provided by third-parties to provide Mixpanel Agent, including Anthropic, Inc., Braintrust Data, Inc., and others listed on our Subprocessor List.

1.4 Customer Content.

1.4.1 Mixpanel's third-party providers for Mixpanel Agent are contractually prohibited from utilizing Customer Content to train or improve their models.

1.4.2 Mixpanel may use Customer Content to develop, support, and otherwise improve Mixpanel Agent's features and functionality.

1.4.3 Mixpanel will not use Customer Content to train AI supporting Mixpanel Agent.

1.5 Ownership and Feedback.

1.5.1 Mixpanel is the sole and exclusive owner of all rights, title, and interest in and to Mixpanel Agent, including, but not limited to, all algorithms or models, including all related intellectual property rights inherent therein.

1.5.2 We may monitor how you use Mixpanel Agent, including reviewing and assessing the quality of Outputs in response to your Inputs, to improve Mixpanel Agent. We may use data we collect from your use of Mixpanel AI to improve Mixpanel Agent when you voluntarily provide feedback to us, such as by labeling Output with a thumbs up or thumbs down. You hereby assign to Mixpanel all of your rights, title, and interest in the suggestions, comments, or other feedback to Mixpanel regarding Mixpanel Agent ("Feedback"), and you agree that Mixpanel may use the Feedback without restriction from you or compensation to you.

2. Order of Precedence.

In the event of any conflict or inconsistency between this Addendum and the Agreement (including, but not limited to, the Supplemental Terms) or, if applicable, an order form governed by the Agreement (an "Ordering Document"), this Addendum shall prevail.

3. 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.