“Subject to Section 8.2 (Exclusions), Mistral AI will indemnify, defend, and hold Customer harmless against any liabilities, damages, and costs (including reasonable attorneys' fees) in a third-party claim to the extent that the Mistral AI Products...infringe such third party's intellectual property rights.”
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 Customer has an affirmative right to be defended and compensated by Mistral AI if its use of the products exposes it to third-party intellectual property claims.
Interpretive note: The ellipsis in the excerpt suggests the full clause likely contains additional conditions or exclusions governing the scope of Mistral AI's indemnification obligation. The canonical claim is limited strictly to the language provided; the full scope may differ.
The updated terms eliminate the prior mechanism by which customers could object to material changes and continue operating under the old terms for up to 12 months. Under the revised language, customers now have only two options when a material update is posted: accept the new terms by continuing to use the service, or stop using the service before the update becomes effective. The terms state that 'Customer's continued use of the Mistral AI Products on or after the effective date of the update constitutes Customer's acceptance of the updated Terms.' This means material changes take effect automatically unless the customer terminates service before the effective date.
View change record →The updated terms expand what Mistral AI may collect and use as 'Customer Data' to include 'access to data' and 'coding environment,' not just prompts and fine-tuning data. The company also restructured how it handles AI training: instead of carving out free tiers and specific use cases, training permissions now depend on whether each product defaults to opt-out or opt-in. Critically, data retention and training opt-out preferences selected for other Mistral AI Products do not apply to Labs or Preview Models; if you use these experimental models, Mistral AI may use your data for training regardless of your opt-out settings elsewhere. You can decline to use Labs or Preview Models if you do not want your data used for training.
View change record →If a third party claims that Mistral AI Products infringe their intellectual property rights, Mistral AI is required to indemnify and defend you and cover reasonable attorneys' fees.
How other platforms handle this
this Section 14 states the parties' sole and exclusive remedy under this Agreement for any third-party allegations of Intellectual Property Rights infringement covered by this Section 14.
Smartsheet has no obligation or liability under this Section 7.1 to the extent any Claim Against Customer arises from...Smartsheet's compliance with designs, specifications, or instructions provided in writing by Customer if such infringement would not have occurred but for such designs, specificati...
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
"Subject to Section 8.2 (Exclusions), Mistral AI will indemnify, defend, and hold Customer harmless against any liabilities, damages, and costs (including reasonable attorneys' fees) in a third-party claim to the extent that the Mistral AI Products...infringe such third party's intellectual property rights.Excerpt from Mistral AI's Commercial Terms
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The Customer has an affirmative right to be defended and compensated by Mistral AI if its use of the products exposes it to third-party intellectual property claims.
If a third party claims that Mistral AI Products infringe their intellectual property rights, Mistral AI is required to indemnify and defend you and cover reasonable attorneys' fees.
ConductAtlas has identified this type of provision across 225 platforms. See the full comparison.
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