“IN NO EVENT WILL EITHER PARTY OR THEIR AFFILIATES...BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL...OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION...”
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 exclusion eliminates the categories of damages that most commonly represent large-scale business losses, significantly limiting recoverable harm even when actual losses are substantial.
Interpretive note: The excerpt uses an ellipsis, suggesting the full clause may contain additional named damage categories or conditions not captured here. The canonical claim is based solely on the language provided.
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 →The Customer cannot recover indirect or consequential damages from Mistral AI—such as lost profits or business interruption—no matter how significant those losses are.
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OPENAI'S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
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"IN NO EVENT WILL EITHER PARTY OR THEIR AFFILIATES...BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL...OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION...Excerpt from Mistral AI's Commercial Terms
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Companies change their terms without announcing it. We capture governance documents, compare each new version with the last, and publish what changed, with the source text behind it. One email a week on what we found and what we could not reach.
The exclusion eliminates the categories of damages that most commonly represent large-scale business losses, significantly limiting recoverable harm even when actual losses are substantial.
The Customer cannot recover indirect or consequential damages from Mistral AI—such as lost profits or business interruption—no matter how significant those losses are.
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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