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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Where the law allows us to, we may use the content you and other users have posted for training or to help us to improve the way we filter content on our platform.
As permitted by law, we may combine information that we collect from you through the Services with information that we obtain from such other parties and information derived from other products or Services we provide.
We do not use what you say in email, chat, video calls or voice mail, or your documents, photos or other personal files, to target advertising to you.
"Mistral AI will not use Customer Data or Outputs to train its artificial intelligence models except...(e) when Customer uses Labs Models.Excerpt from Mistral AI's Commercial Terms
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The clause states: “Mistral AI will not use Customer Data or Outputs to train its artificial intelligence models except...(e) when Customer uses Labs Models.”
ConductAtlas has identified this type of provision across 279 platforms. See the full comparison.
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