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.
View change record →How other platforms handle this
If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you.
Miro will then refund to Customer any pre-paid, unused fees for the terminated portion of the Subscription Term (for the Performance Warranty) or for the non-conforming Technical Services (for the Technical Services Warranty).
For subscribers and purchasers of Virtual Items residing in the Republic of Korea: in accordance with local law, you are entitled to a full refund of your subscription and/or unused Virtual Items during the 7 days following the purchase.
"In the event of any failure of the iOS App to conform to any applicable warranty in these Terms, Customer (or End User) may notify Apple, and Apple will refund the purchase price (if any) for the iOS App to Customer (or End User, as applicable).Excerpt from Mistral AI's Commercial Terms
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The clause states: “In the event of any failure of the iOS App to conform to any applicable warranty in these Terms, Customer (or End User) may notify Apple, and Apple will refund the purchase price (if any) for the iOS App to Customer (or End User, as applicable).”
ConductAtlas has identified this type of provision across 179 platforms. See the full comparison.
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