Provision record
Mistral AI · Mistral AI Commercial Terms · View original document ↗

Aggregate liability cap at twelve months fees paid

High confidence Common · 281 of 343 platforms

Key Facts · in the document’s own words

What is each party's total aggregate liability capped at?
“EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE MISTRAL AI PRODUCTS WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY CUSTOMER TO MISTRAL AI IN THE TWELVE (12) MONTHS PRECEDING THE EVENT(S) GIVING RISE TO THE CLAIM.”
Version CA-V-007163, captured Sept. 26, 2026 · live source ↗
Our reading, not the document’s words
Each party's total aggregate liability arising out of or relating to the Terms or the Mistral AI Products is capped at the total amounts paid by Customer to Mistral AI in the twelve months preceding the event(s) giving rise to the claim.
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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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

Generated by a model from the captured document; not read by a person

The cap limits the maximum financial recovery available to the Customer regardless of the magnitude of actual harm suffered, tying the ceiling directly to fees paid.

Recent Activity

This document changed recently

High Sep 26, 2026

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 →
Medium Aug 8, 2026

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 →

Consumer impact (what this means for users)

Generated by a model from the captured document; not read by a person

The Customer's potential recovery from Mistral AI is limited to amounts the Customer itself has already paid, which may be far less than actual losses.

How other platforms handle this

OpenAI

OPENAI'S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.

Teladoc

Teladoc Health disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.

Kling AI

we will not be liable or responsible for any loss or damage of any sort incurred as the result of any correspondence or dealing solely between you any third party.

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE MISTRAL AI PRODUCTS WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY CUSTOMER TO MISTRAL AI IN THE TWELVE (12) MONTHS PRECEDING THE EVENT(S) GIVING RISE TO THE CLAIM.

Excerpt from Mistral AI's Commercial Terms

Provision details

Document information
Document
Mistral AI Commercial Terms
Entity
Mistral AI
Date stated by the document
Sept. 25, 2026
As printed in Mistral AI’s text (version CA-V-007163), not a ConductAtlas date.
Tracking information
First captured by ConductAtlas
May 11, 2026
Text quoted from version
CA-V-007163, captured Sept. 26, 2026
Record ID
CA-P-060747
Document ID
CA-D-000769
Evidence Provenance
Source URL
Wayback Machine
Archived bytes SHA-256 (version CA-V-007163)
69e568ea3c941cd49efc00ad0bb96f70511948020335f7d9f2ffb991a4739ed3
Analysis generated
May 11, 2026 12:29 UTC
Methodology
Evidence
✓ Excerpt found in version CA-V-007163, captured Sept. 26, 2026 (checked Oct. 5, 2026)
Citation Record
Entity: Mistral AI
Document: Mistral AI Commercial Terms
Record ID: CA-P-060747
Version: CA-V-007163
Captured: 2026-09-26 00:56:42 UTC
SHA-256: 69e568ea3c941cd4…
URL: https://conductatlas.com/platform/mistral-ai/mistral-ai-commercial-terms/provision/CA-P-060747/aggregate-liability-cap-at-twelve-months-fees-paid/
Accessed: Oct. 24, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Categories

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Frequently Asked Questions

What does Mistral AI's Aggregate liability cap at twelve months fees paid clause do?

The cap limits the maximum financial recovery available to the Customer regardless of the magnitude of actual harm suffered, tying the ceiling directly to fees paid.

How does this clause affect you?

The Customer's potential recovery from Mistral AI is limited to amounts the Customer itself has already paid, which may be far less than actual losses.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.

Is ConductAtlas affiliated with Mistral AI?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Mistral AI.