Your organization bears full legal responsibility for everything that happens through your account, including what your end users do and whether you have obtained the necessary consents from them before giving them access to Mistral AI products.
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 provision places the full burden of End User compliance, including consent collection, on the commercial Customer rather than Mistral AI, meaning that if an End User violates the terms or applicable law, the Customer is the liable party.
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 →Businesses that build products or services on top of Mistral AI's API are responsible for ensuring their own users comply with Mistral AI's terms and applicable law, including obtaining any required consents before those users interact with the AI system.
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"Customer is solely responsible for any activities conducted (a) through or under its Customer Account (including End User Accounts), (b) in connection with Customer Infrastructure, or (c) in connection with Customer Offerings. For clarity, Customer is solely responsible for (i) actions of any End User, and (ii) obtaining appropriate consents or permissions from End Users required for Customer's compliance with these Terms.Excerpt from Mistral AI's Commercial Terms
(1) REGULATORY LANDSCAPE: This provision engages GDPR's controller-processor framework, where the commercial Customer acting as a data controller bears primary responsibility for lawful basis and consent for End User data processing.
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This provision places the full burden of End User compliance, including consent collection, on the commercial Customer rather than Mistral AI, meaning that if an End User violates the terms or applicable law, the Customer is the liable party.
Businesses that build products or services on top of Mistral AI's API are responsible for ensuring their own users comply with Mistral AI's terms and applicable law, including obtaining any required consents before those users interact with the AI system.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
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