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 exclusion eliminates the categories of damages that most commonly represent large-scale business losses, significantly limiting recoverable harm even when actual losses are substantial.
Interpretive note: The excerpt uses an ellipsis, suggesting the full clause may contain additional named damage categories or conditions not captured here. The canonical claim is based solely on the language provided.
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 cannot recover indirect or consequential damages from Mistral AI—such as lost profits or business interruption—no matter how significant those losses are.
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"IN NO EVENT WILL EITHER PARTY OR THEIR AFFILIATES...BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL...OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION...Excerpt from Mistral AI's Commercial Terms
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The exclusion eliminates the categories of damages that most commonly represent large-scale business losses, significantly limiting recoverable harm even when actual losses are substantial.
The Customer cannot recover indirect or consequential damages from Mistral AI—such as lost profits or business interruption—no matter how significant those losses are.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
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