Mistral AI generally does not use your business data to train its AI, but there are five exceptions, including when you use Labs Models, submit Feedback, or use free or certain paid subscriptions without opting out. For those exceptions, you grant a permanent, irrevocable license to use your data for training.
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 license granted for training purposes under the listed exceptions is perpetual and irrevocable, meaning that once data falls within one of these categories, Mistral AI's right to use it for training cannot be withdrawn even if the Customer later terminates the agreement.
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 →Commercial customers whose data is submitted through Labs Models, flagged by moderation, or associated with Feedback may have that Customer Data and Output used for AI model training under a license that cannot be revoked, affecting organizations with confidentiality or data minimization obligations.
How other platforms handle this
we may share data between our affiliates for the safety and security of our users and may take necessary actions if we believe you have violated these Terms, including banning you from our Services and/or our affiliates' services...
Protect us, our business, our users, and others, for example to enforce our terms of service, prevent spam or other unwanted communications, and investigate or protect against fraud
Each payment processor uses and processes your complete payment information in accordance with its applicable privacy policy (Stripe and PayPal).
"Mistral AI will not use Customer Data or Outputs to train its artificial intelligence models except (a) for Customer Data or Outputs used or generated in connection with the use Mistral AI Products under a free subscription, Le Chat Pro or Le Chat Teams, where Customer has not opted-out of training, (b) when Customer or an End User provides Feedback to Mistral AI, (c) when Customer Data our Outputs are flagged as part of Mistral AI's automated moderation or reported by a user under the Additional Terms, (d) as otherwise may be provided in an Order Form or (e) when Customer uses Labs Models. Customer grants Mistral AI a perpetual, irrevocable, worldwide, non-exclusive, non-transferable (except as permitted in Section 14.2 (Assignment)), royalty-free, fully-paid license (with the right to sublicense to our service providers) to use Customer Data and Outputs solely as provided in the preceding sentence to train Mistral AI's artificial intelligence models.Excerpt from Mistral AI's Commercial Terms
(1) REGULATORY LANDSCAPE: This provision engages GDPR, particularly regarding lawful basis for processing personal data for AI training purposes, and the requirement for specific, informed consent where consent is relied upon.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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The license granted for training purposes under the listed exceptions is perpetual and irrevocable, meaning that once data falls within one of these categories, Mistral AI's right to use it for training cannot be withdrawn even if the Customer later terminates the agreement.
Commercial customers whose data is submitted through Labs Models, flagged by moderation, or associated with Feedback may have that Customer Data and Output used for AI model training under a license that cannot be revoked, affecting organizations with confidentiality or data minimization obligations.
ConductAtlas has identified this type of provision across 288 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Mistral AI.