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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To the extent permitted by applicable law, this Section 13 (Indemnification) states the parties' sole and exclusive remedy under this Agreement for any third-party allegations of Intellectual Property Rights infringement...
Without affecting either party's termination rights and to the extent permitted by applicable law, this Section 14 states the parties' sole and exclusive remedy under the Agreement for any Allegations of Intellectual Property Rights infringement covered by this Section 14.
Any claim that any user submission made by you has caused damage to a third party
"The remedies in this Section 8 (Indemnification) are the sole and exclusive remedies for any third-party claim that the Mistral AI Products or Customer Data infringe third-party intellectual property rights.Excerpt from Mistral AI's Commercial Terms
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The clause states: “The remedies in this Section 8 (Indemnification) are the sole and exclusive remedies for any third-party claim that the Mistral AI Products or Customer Data infringe third-party intellectual property rights.”
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