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 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.
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Customer warrants it shall comply with all U.S. export control and economic sanctions laws and regulations as they relate to access to and use of the Application Services.
Customer is responsible for and hereby agrees to comply at its sole expense with all applicable United States export laws and regulations.
It's your responsibility to comply with U.S. Export Control laws and regulations, and foreign import laws and regulations when traveling abroad with your Device.
"(c) Customer will not use, re-export, transfer, or disclose any Mistral AI Products, Output, or technical data in violation of any applicable export control or sanctions laws or regulations, including the U.S. Export Administration Regulations (EAR)...Excerpt from Mistral AI's Commercial Terms
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The clause states: “(c) Customer will not use, re-export, transfer, or disclose any Mistral AI Products, Output, or technical data in violation of any applicable export control or sanctions laws or regulations, including the U.S. Export Administration Regulations (EAR)...”
ConductAtlas has identified this type of provision across 182 platforms. See the full comparison.
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