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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The party seeking indemnity...must give the other party...the following: (i) prompt written notice of any claim...,(ii) all cooperation and assistance reasonably requested by the Indemnitor in the defense of the claim...and (iii) sole control over the defense and settlement of the claim...
The indemnifying party is notified promptly in writing by the indemnified party of any Indemnifiable Claim and the indemnified party will reasonably cooperate with the indemnifying party in the defense of the Indemnifiable Claim, at the indemnifying party's expense.
Customer must provide us with prompt written notice of any Claim Against Customer and allow us the right to assume the exclusive defense and control...
"The indemnification obligations...are subject to the indemnifying Party (a) receiving a prompt written notice of such claim from the indemnified Party, (b) being granted the exclusive right to control and direct...the investigation, defense, or settlement strategy...Excerpt from Mistral AI's Commercial Terms
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The clause states: “The indemnification obligations...are subject to the indemnifying Party (a) receiving a prompt written notice of such claim from the indemnified Party, (b) being granted the exclusive right to control and direct...the investigation, defense, or settlement strategy...”
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