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
Customer Data and Outputs submitted through Labs Models may be incorporated into Mistral AI's model training by default, with training use avoidable only by activating zero data retention.
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 →Unless you activate zero data retention, data and outputs you generate using Labs Models may be used by Mistral AI to train its AI models.
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"By using Labs Models, you acknowledge that (i) Mistral AI may use Customer Data and Outputs generated from Labs Models to train its artificial intelligence models, unless you have activated zero data retention...Excerpt from Mistral AI's Commercial Terms
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Customer Data and Outputs submitted through Labs Models may be incorporated into Mistral AI's model training by default, with training use avoidable only by activating zero data retention.
Unless you activate zero data retention, data and outputs you generate using Labs Models may be used by Mistral AI to train its AI models.
ConductAtlas has identified this type of provision across 279 platforms. See the full comparison.
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