Mistral AI Commercial Terms

These Commercial Terms of Service govern Mistral AI's provision of its AI products (including Mistral AI Studio, Le Chat, and associated APIs) to commercial customers, establishing a binding contract between Mistral AI, a French entity incorporated in Paris, and the contracting organization. The agreement states that Customer grants Mistral AI a worldwide, royalty-free license to use Customer Data and Outputs for product operation and optimization, and separately grants a perpetual, irrevocable license to use such data for model training under specified conditions including free-tier use, Feedback submission, automated moderation flagging, Labs Model usage, and where Customer has not opted out. Notably, the training opt-out mechanism is structured as a Customer-side obligation with carve-outs that may be operationally significant: the terms assert that Labs Models data is used for training unless zero data retention is activated, and that opt-out preferences selected for other products do not apply to Labs Models, creating a product-siloed consent architecture that may interact with GDPR's requirements around granular, informed consent. As a French entity, Mistral AI is subject to GDPR and the EU AI Act, and the agreement references a Data Processing Addendum for personal data handling; the liability cap, mutual indemnification structure, and French governing law provisions create compliance considerations for non-EU commercial customers, particularly those in US-regulated sectors.