“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...”
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 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 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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"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.
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