This analysis describes what Mistral AI's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The Customer bears direct legal compliance obligations across multiple jurisdictions, and non-compliance would constitute a Terms violation with corresponding consequences.
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.
View change record →The Customer is required to independently ensure its use of Mistral AI Products complies with export control, sanctions, and trade laws in three named jurisdictions and any other applicable jurisdictions.
How other platforms handle this
Customer is responsible for and hereby agrees to comply at its sole expense with all applicable United States export laws and regulations.
You must comply with all domestic and international export laws and regulations that apply to the software and/or Services, which include restrictions on destinations, end users, and end use.
You agree to comply with all applicable laws, rules and regulations regarding the export of technical data from the U.S.
"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.Excerpt from Mistral AI's Commercial Terms
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The Customer bears direct legal compliance obligations across multiple jurisdictions, and non-compliance would constitute a Terms violation with corresponding consequences.
The Customer is required to independently ensure its use of Mistral AI Products complies with export control, sanctions, and trade laws in three named jurisdictions and any other applicable jurisdictions.
ConductAtlas has identified this type of provision across 183 platforms. See the full comparison.
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