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 Customer has an affirmative right to be defended and compensated by Mistral AI if its use of the products exposes it to third-party intellectual property claims.
Interpretive note: The ellipsis in the excerpt suggests the full clause likely contains additional conditions or exclusions governing the scope of Mistral AI's indemnification obligation. The canonical claim is limited strictly to the language provided; the full scope may differ.
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 →If a third party claims that Mistral AI Products infringe their intellectual property rights, Mistral AI is required to indemnify and defend you and cover reasonable attorneys' fees.
How other platforms handle this
Customer must provide us with prompt written notice of any Claim Against Customer and allow us the right to assume the exclusive defense and control...
DeepL shall not settle or recognise claims of third parties without Customer's consent which shall not be unreasonably withheld or delayed.
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...
"Mistral AI will indemnify, defend, and hold Customer harmless against any liabilities, damages, and costs (including reasonable attorneys' fees) in a third-party claim to the extent that the Mistral AI Products...infringe such third party's intellectual property rights.Excerpt from Mistral AI's Commercial Terms
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The Customer has an affirmative right to be defended and compensated by Mistral AI if its use of the products exposes it to third-party intellectual property claims.
If a third party claims that Mistral AI Products infringe their intellectual property rights, Mistral AI is required to indemnify and defend you and cover reasonable attorneys' fees.
ConductAtlas has identified this type of provision across 229 platforms. See the full comparison.
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