You cannot use AI-generated images from Mistral AI to train a competing image generation product.
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
This restriction limits how commercial customers can use image outputs, specifically prohibiting competitive use for AI training, which may affect AI developers or startups building image generation capabilities.
Interpretive note: The enforceability of competitive use restrictions on AI-generated outputs may vary by jurisdiction, particularly in markets with strong competition law frameworks that limit post-sale restrictions on use.
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 →Organizations building AI products that include image generation capabilities should be aware that using Mistral AI image outputs to train competing models is prohibited under these terms, limiting the commercial application of those outputs in certain development contexts.
How other platforms handle this
Microsoft reserves the right to restrict the export of data that may compromise the security of the services or Microsoft's intellectual property.
Datadog reserves the right, but does not assume the obligation, to investigate any violation of these Terms or misuse of the Site.
Pharmaceutical products
"To the extent permitted by applicable law, Customer may not use image Outputs to develop or train any image generation product that competes with a Mistral AI Product.Excerpt from Mistral AI's Commercial Terms
(1) REGULATORY LANDSCAPE: This provision may interact with competition law in certain jurisdictions, as restrictions on using outputs to compete with the licensor can, in some contexts, raise antitrust or competition concerns.
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This restriction limits how commercial customers can use image outputs, specifically prohibiting competitive use for AI training, which may affect AI developers or startups building image generation capabilities.
Organizations building AI products that include image generation capabilities should be aware that using Mistral AI image outputs to train competing models is prohibited under these terms, limiting the commercial application of those outputs in certain development contexts.
ConductAtlas has identified this type of provision across 263 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Mistral AI.