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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We will only collect, use and disclose your personal data with your consent, unless otherwise permitted or required by law. Your consent may be given expressly or implied, depending on the circumstances and the sensitivity of the information involved.
You may give us your Identity Data, Contact Data, Financial Data, Profile Data, and other information by filling in forms or by corresponding with us by post, phone, e-mail or otherwise.
telemetry information collected includes: (i) microservice settings, (ii) usage data and (iii) hardware environment.
"If Customer uses the Mistral AI Products on Mistral Infrastructure, Mistral AI may Process Personal Data on behalf of Customer as a Data Processor. In such case, the Data Processing Agreement...will apply between the Parties.Excerpt from Mistral AI's Commercial Terms
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The clause states: “If Customer uses the Mistral AI Products on Mistral Infrastructure, Mistral AI may Process Personal Data on behalf of Customer as a Data Processor. In such case, the Data Processing Agreement...will apply between the Parties.”
ConductAtlas has identified this type of provision across 296 platforms. See the full comparison.
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