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
Mistral AI has a contractual license to use Customer Data and Outputs for operational product purposes, but the explicit exclusion of model training limits that use and provides the Customer a defined boundary.
Interpretive note: The ellipses in the excerpt indicate the full license terms and full list of permitted purposes are not entirely visible. The canonical claim is limited to what is explicitly shown. There may be additional permitted uses (the list begins with '(a)') and additional license terms not reproduced.
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 →Your data and outputs may be used by Mistral AI to run, maintain, and improve its products, but this license expressly excludes using them to train AI models.
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"Customer grants Mistral AI a worldwide, non-exclusive...royalty-free, fully-paid license...to use Customer Data and Outputs for the purposes of (a) providing, maintaining, and optimizing the Mistral AI Products...but excludes model training...Excerpt from Mistral AI's Commercial Terms
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Mistral AI has a contractual license to use Customer Data and Outputs for operational product purposes, but the explicit exclusion of model training limits that use and provides the Customer a defined boundary.
Your data and outputs may be used by Mistral AI to run, maintain, and improve its products, but this license expressly excludes using them to train AI models.
ConductAtlas has identified this type of provision across 279 platforms. See the full comparison.
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