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 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.
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
If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.
A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...
The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.
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"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 Mistral AI Commercial Terms
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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.
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.
ConductAtlas has identified this type of provision across 289 platforms. See the full comparison.
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