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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Any terms and conditions of any other instrument issued by you in connection with these Terms which are in addition to, inconsistent with or different from these Terms shall be of no force or effect.
If a supplemental agreement conflicts with these Terms, the supplemental agreement controls to the extent of the conflict for the program, feature, or service it governs.
If you believe we have taken action against your content or account in a way that does not comply with these Terms, you have the right to bring a claim for breach of contract under UK law.
"If there is a conflict between these Terms and any other agreement between us, the agreements will control in the following order: (1) Order Form (if any); (2) Additional Terms; (3) these Terms; and (4) our policies/other Documentation.Excerpt from Mistral AI's Commercial Terms
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The clause states: “If there is a conflict between these Terms and any other agreement between us, the agreements will control in the following order: (1) Order Form (if any); (2) Additional Terms; (3) these Terms; and (4) our policies/other Documentation.”
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