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 cannot shift liability for account or infrastructure activity to Mistral AI or to End Users; sole responsibility rests with the Customer.
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 bears full responsibility for all actions taken under its account—including by End Users—and for activity tied to its own infrastructure and offerings.
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You are responsible for maintaining the secrecy of your unique password and account information at all times.
If Client enables any third parties as Permitted Users, Client (and not Plaid) remains solely responsible for its relationships with such third parties and for any related billing matters, technical support, or disputes
You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification.
"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.Excerpt from Mistral AI's Commercial Terms
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The Customer cannot shift liability for account or infrastructure activity to Mistral AI or to End Users; sole responsibility rests with the Customer.
The Customer bears full responsibility for all actions taken under its account—including by End Users—and for activity tied to its own infrastructure and offerings.
ConductAtlas has identified this type of provision across 265 platforms. See the full comparison.
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