Change record
CA-X-004262
Mistral AI Commercial Terms
Entity
Date detected
August 8, 2026
Effective date
August 5, 2026
Severity
Direction
Negative
Taxonomy
Ai training rights
Changes
12 sentences modified

Impact Summary

Generated by a model from the captured document; not read by a person
Medium Negative for users
Affected users
Commercial customers Enterprise customers Business accounts

Mistral AI revised its Commercial Terms effective August 5, 2026, making three material changes to how customer data is handled. First, the definition of 'Customer Data' now explicitly includes 'access to data' and 'coding environment' alongside prompts and fine-tuning data. Second, the company restructured its AI training opt-out framework: instead of carving out free tiers and specific use cases, the updated terms now apply a uniform rule based on whether each product is 'opt-out by default' or 'opt-in by default,' and removed the exception for free subscription tiers. Third, the company expanded its 'Labs Models' category to include 'Preview Models' and clarified that data retention opt-outs selected for other products do not apply to Labs or Preview Models. The liability cap exception for 'breach of obligations under Section 6 (Confidentiality)' was also removed.

1 obligation expanded 1 protection removed

Enterprise customers: Mistral AI may now collect and process a broader category of customer information, including data access patterns and coding environments, not just the text and files customers explicitly submit.

Enterprise customers: The prior framework that exempted certain free and low-cost tiers from training use has been replaced with a uniform opt-in/opt-out model applied per product.

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What this means for you

Generated by a model from the captured document; not read by a person

The updated terms expand what Mistral AI may collect and use as 'Customer Data' to include 'access to data' and 'coding environment,' not just prompts and fine-tuning data. The company also restructured how it handles AI training: instead of carving out free tiers and specific use cases, training permissions now depend on whether each product defaults to opt-out or opt-in. Critically, data retention and training opt-out preferences selected for other Mistral AI Products do not apply to Labs or Preview Models; if you use these experimental models, Mistral AI may use your data for training regardless of your opt-out settings elsewhere. You can decline to use Labs or Preview Models if you do not want your data used for training.

What you can do

→ Review your Mistral AI product settings to determine whether each product you use is opt-in or opt-out by default for training use.

→ If you use Labs or Preview Models and do not want your data used for training, discontinue use of these experimental models.

→ Update your privacy notices and customer-facing disclosures if they previously stated that data retention opt-outs apply uniformly across all Mistral AI products.

Historical Context

Across all monitored documents, Mistral AI has made 3 significant changes.

2 of Mistral AI's significant changes have been classified as negative for consumers.

Key Clauses Affected

Generated by a model from the captured document; not read by a person
Customer Data definition

Expanded to include 'access to data' and 'coding environment' alongside prompts and fine-tuning data.

AI training consent framework

Restructured from product-specific carve-outs to a uniform opt-in/opt-out model applied per product.

Labs or Preview Models training use

Data retention and opt-out preferences do not apply; training use is mandatory unless customer declines to use these models.

Full clause-by-clause analysis available with Insight.
ⓘ

This change record describes what was added, removed, or modified in the document. Analysis reflects what the updated agreement states or permits. It does not constitute a legal determination about enforceability. Applicability may vary by jurisdiction. Methodology

Evidence Verification

✓ Verified
Previous Version
48e068cf7e25ad1e9e7fae7e0f5560ad6fc20dc62ed149823815b38c4226fe88
May 29, 2026 00:43 UTC
✓ Verified
Current Version
ebca926d5afbb123bdf69562e094d48077e63b966030f0612cc42f8282c654b5
August 8, 2026 00:50 UTC
✓ Verified
Change Detected
August 8, 2026 00:50 UTC
✓
Analysis Methodology
Record history

Wording edits to this record that do not change what it claims. Changes to a claim are published as corrections.

2026-10-11 · Feed summary edited · summary regenerated by summarize_events
Previous text
Restructured AI training opt-in/opt-out framework and consolidated experimental model categories; removed confidentiality breach carve-out from liability cap.
2026-10-11 · Impact summary edited · summary regenerated by summarize_events
Previous text
The updated terms redefine when Mistral AI will use customer data and outputs for AI model training. Previously, the terms distinguished between free tiers (where training was opt-out) and Labs Models (where training always occurred). The revised language consolidates experimental models as 'Labs or Preview Models' and explicitly states that training opt-out preferences applied to other products do not carry over to these experimental models. Additionally, the terms now specify that customer data includes 'access to data' and 'coding environment,' expanding what qualifies as trainable material. The liability cap was narrowed to remove the carve-out protecting confidentiality breach claims, meaning liability limits apply more broadly. You can review which Mistral products are set to opt-in versus opt-out by default and avoid Labs or Preview Models if you do not want your data used for training.
2026-10-11 · Summary edited · summary regenerated by summarize_events
Previous text
Mistral AI revised its Commercial Terms effective August 5, 2026, with the main operational changes being: the company expanded the definition of Customer Data to include 'access to data' and 'coding environment'; restructured its AI training opt-out framework to be clearer about which products use training by default and which require opt-in; consolidated references to 'Labs Models' and newly defined 'Preview Models' as a single category ('Labs or Preview Models') with the same data-training rules; and removed a carve-out from its liability cap that previously protected customers against breaches of confidentiality obligations, narrowing the exceptions to liability limitations.
2026-10-07 · Change line edited · change line rewritten to the 2026-10-07 template: no detection date, no sentence counts
Previous text
Mistral AI updated their Mistral AI Commercial Terms on August 08, 2026. Change detected: 12 sentence(s) modified. Document contained 167 sentences after update.
Citation Record
Entity: Mistral AI
Document: Mistral AI Commercial Terms
Record ID: CA-X-004262
Version: CA-V-005624
Captured: 2026-08-08 00:50:55 UTC
URL: https://conductatlas.com/change/2026-08-08-mistral-ai-mistral-ai-commercial-terms-4262/
Accessed: Nov. 6, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
For legal and compliance teams

Institutional Analysis

Generated by a model from the captured document; not read by a person
Assessment

Mistral AI revised its Commercial Terms to broaden the definition of 'Customer Data' and restructure its AI training consent framework. The change moves from product-specific carve-outs (free tiers, specific use cases) to a uniform opt-in/opt-out …

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ConductAtlas provides verified policy intelligence sourced directly from platform documents. All analysis is intended to support, not replace, legal and compliance review. Record CA-X-004262.

Full Changes

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Document Context

Version history → Policy drift analysis → Document page →
Document
Mistral AI Commercial Terms
Entity
Mistral AI
Captured
August 8, 2026
Source URL
https://legal.mistral.ai/terms/commercial-terms-of-service
Other changes to Mistral AI Commercial Terms
Next change Sep 26, 2026
Mistral AI revised its Commercial Terms effective September 25, 2026, narrowing the circumstances under which customers can object to updates. …
High Negative
View full version history →
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