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 assumes financial responsibility for defending Mistral AI against third-party claims that flow from the Customer's own non-compliant conduct.
Interpretive note: The excerpt references at least one additional triggering category beyond Terms violations (Customer Offerings). The canonical claim covers only the Terms-violation trigger, identified as primary. The Customer Offerings trigger is recorded in omitted_material.
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 →If a third party sues Mistral AI because of how the Customer used the products in violation of the Terms, the Customer must pay Mistral AI's resulting liabilities, damages, and costs.
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Your obligations in Section 6.2 (Indemnification by Customer) of this Agreement will apply to the extent permitted by applicable law, regulation, or procedure.
Customer shall have no liability under (a) to the extent a Claim Against Us arises from Synthesia Content or under (b) to the extent a Claim Against Us arises from our breach of the Contract.
DeepL shall not settle or recognise claims of third parties without Customer's consent which shall not be unreasonably withheld or delayed.
"Customer will indemnify, defend, and hold Mistral AI and its affiliates and licensors harmless against any liabilities, damages, and costs...in a third-party claim to the extent arising from: (a) use of the Mistral AI Products in violation of these Terms...Excerpt from Mistral AI's Commercial Terms
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The Customer assumes financial responsibility for defending Mistral AI against third-party claims that flow from the Customer's own non-compliant conduct.
If a third party sues Mistral AI because of how the Customer used the products in violation of the Terms, the Customer must pay Mistral AI's resulting liabilities, damages, and costs.
ConductAtlas has identified this type of provision across 229 platforms. See the full comparison.
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