88 Total

Key Facts · in the document’s own words

What is each party's total aggregate liability capped at?
“EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE MISTRAL AI PRODUCTS WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY CUSTOMER TO MISTRAL AI IN THE TWELVE (12) MONTHS PRECEDING THE EVENT(S) GIVING RISE TO THE CLAIM.”
Version CA-V-007163, captured Sept. 26, 2026 · live source ↗
Our reading, not the document’s words
Each party's total aggregate liability arising out of or relating to the Terms or the Mistral AI Products is capped at the total amounts paid by Customer to Mistral AI in the twelve months preceding the event(s) giving rise to the claim.
Are amounts paid by the Customer non-refundable?
“All amounts paid by Customer are non-refundable, non-cancellable, and non-creditable.”
Version CA-V-007163, captured Sept. 26, 2026 · live source ↗
Our reading, not the document’s words
Mistral AI treats all amounts paid by the Customer as non-refundable, non-cancellable, and non-creditable.
Is the Customer required to indemnify Mistral AI?
“Customer will indemnify, defend, and hold Mistral AI and its affiliates and licensors harmless against any liabilities, damages, and costs...in a third-party claim to the extent arising from: (a) use of the Mistral AI Products in violation of these Terms...”
Version CA-V-007163, captured Sept. 26, 2026 · live source ↗
Our reading, not the document’s words
The Customer is required to indemnify, defend, and hold harmless Mistral AI and its affiliates and licensors against third-party liabilities, damages, and costs arising from the Customer's use of the Mistral AI Products in violation of the Terms.
What must the Customer comply with?
“Customer agrees to comply with all applicable export control, economic sanctions, and trade compliance laws and regulations, including those of the European Union, the United States, and Singapore.”
Version CA-V-007163, captured Sept. 26, 2026 · live source ↗
Our reading, not the document’s words
Mistral AI requires the Customer to comply with all applicable export control, economic sanctions, and trade compliance laws and regulations, including those of the European Union, the United States, and Singapore.
Who is solely responsible for activities conducted through the Customer Account?
“Customer is solely responsible for any activities conducted (a) through or under its Customer Account (including End User Accounts), (b) in connection with Customer Infrastructure, or (c) in connection with Customer Offerings.”
Version CA-V-007163, captured Sept. 26, 2026 · live source ↗
Our reading, not the document’s words
Mistral AI holds the Customer solely responsible for any activities conducted through or under its Customer Account (including End User Accounts), in connection with Customer Infrastructure, or in connection with Customer Offerings.
Does Mistral AI provide the Mistral AI Products on an 'as is' basis?
“THE MISTRAL AI PRODUCTS, DOCUMENTATION, AND CONFIGURATION RECOMMENDATIONS ARE PROVIDED 'AS IS,' WITHOUT ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE...”
Version CA-V-007163, captured Sept. 26, 2026 · live source ↗
Our reading, not the document’s words
Mistral AI provides the Mistral AI Products, Documentation, and Configuration Recommendations on an 'as is' basis without any warranties, including warranties of merchantability or fitness for a particular purpose.
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Summary
Generated by a model from the captured document; not read by a person

This document sets out the rules for businesses that pay to use Mistral AI's products. Every payment is final—no refunds, cancellations, or credits—and if something goes wrong, the most either side can recover is the amount the Customer paid Mistral AI in the prior twelve months. By default, data and outputs generated through Labs Models may be used by Mistral AI to train its AI, but the Customer can prevent this by activating zero data retention.

Analysis

These commercial terms establish the contractual framework governing Customer access to and use of Mistral AI Products, setting out mutual obligations and financial allocations between the parties. Liability exposure is capped bilaterally at fees paid in the twelve months preceding a claim, consequential and indirect damages are excluded for both parties and their affiliates, and all amounts paid by the Customer are non-refundable and non-creditable. Mistral AI provides its products, documentation, and configuration recommendations on an as-is basis with no warranties, while the Customer bears sole responsibility for all activity conducted through its account, infrastructure, and customer-facing offerings. Data use rights are bifurcated: Mistral AI holds a worldwide royalty-free license for operational purposes excluding model training, but may use Customer Data and Outputs from Labs Models for model training unless the Customer activates zero data retention. Each party carries a defined indemnification obligation—the Customer indemnifies Mistral AI against third-party claims arising from Terms violations, and Mistral AI indemnifies the Customer against third-party intellectual property infringement claims.

What this means for you

As an enterprise customer, you are solely responsible for everything that happens through your account and any products you build on top of Mistral AI. All fees you pay are non-refundable under any circumstance stated in these terms, and your financial recovery in any dispute is capped at what you paid in the twelve months before the claim arose. If you use Labs Models, your data and outputs are used by Mistral AI for model training by default—you can prevent this by activating the zero data retention setting. If you provide Feedback to Mistral AI, the associated data and outputs become freely usable by Mistral AI without any compensation owed to you.

Institutional Analysis
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2 important changes detected

8 versions captured · Latest change detected by ConductAtlas: September 2026

What changed Mistral AI revised its Commercial Terms effective September 25, 2026, narrowing the circumstances under which customers can object to updates. Previously, customers could object to any material update within 30 days and continue using the service under the old terms for up to 12 months. The updated terms now permit only two categories of updates to take effect immediately without objection rights: non-material updates and updates made for legal compliance or security. For all other updates, customers' only remedy is to stop using the service before the update becomes effective; continued use constitutes acceptance of the new terms.
Why this matters The updated terms eliminate the prior mechanism by which customers could object to material changes and continue operating under the old terms for up to 12 months. Under the revised language, customers now have only two options when a material update is posted: accept the new terms by continuing to use the service, or stop using the service before the update becomes effective. The terms state that 'Customer's continued use of the Mistral AI Products on or after the effective date of the update constitutes Customer's acceptance of the updated Terms.' This means material changes take effect automatically unless the customer terminates service before the effective date.
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What changed 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.
Why this matters 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.
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Clauses withheld

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Featured provisions
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Complete Provision Index

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88 provisions
11 featured
20 clause types
Disclosure and Transparency Requirements 1
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Archival ProvenanceSource & Archival Record
This version captured September 26, 2026 00:56 UTC
Last successful capture October 21, 2026 00:47 UTC
Date stated by the document September 25, 2026 (as printed in this version)
Capture Method Automated scheduled archival capture
Document ID CA-D-000769
Version ID CA-V-007163
SHA-256 (extracted text, extractor v5) 1356fa4501f01992461ecf7a1e543d090f6758374bf2a6d551d862f1f084123e
Archived bytes SHA-256 (anchor) 69e568ea3c941cd49efc00ad0bb96f70511948020335f7d9f2ffb991a4739ed3
✓ Snapshot stored ✓ Archived bytes anchored (verified Sept. 26, 2026)

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