“All amounts paid by Customer are non-refundable, non-cancellable, and non-creditable.”
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 bears the full financial risk of any payment made, with no mechanism for recovery through refund, cancellation, or credit under any circumstance stated in this clause.
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 →Once the Customer makes a payment, that money cannot be recovered or applied to future obligations regardless of circumstances.
How other platforms handle this
If Customer terminates this Agreement because of Linear's uncured breach, Linear will refund any unused, prepaid Fees for the remainder of the then-current Subscription Period.
Customer will reimburse PlanetScale for chargeback fees incurred in connection with Customer's use of the Product.
We may decide to discontinue our Services, but if we do, we will give you advance notice and a refund for any prepaid, unused Services.
"All amounts paid by Customer are non-refundable, non-cancellable, and non-creditable.Excerpt from Mistral AI's Commercial Terms
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The Customer bears the full financial risk of any payment made, with no mechanism for recovery through refund, cancellation, or credit under any circumstance stated in this clause.
Once the Customer makes a payment, that money cannot be recovered or applied to future obligations regardless of circumstances.
ConductAtlas has identified this type of provision across 173 platforms. See the full comparison.
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