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 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 →How other platforms handle this
THESE SECTIONS 9(B) AND 9(C) STATE RAMP'S SOLE AND EXCLUSIVE OBLIGATIONS, AND COMPANY'S SOLE AND EXCLUSIVE REMEDIES, WITH RESPECT TO CLAIMS OF INFRINGEMENT OR MISAPPROPRIATION OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
If Customer is enjoined or otherwise prohibited from using any of the CS Service or part thereof based on a Claim covered by Contentsquare’s indemnification obligations under Section 9.1 (By Contentsquare) above, then Contentsquare will, at its sole expense and option, either: (a) obtain for Custome...
this Section 14 states the parties' sole and exclusive remedy under this Agreement for any third-party allegations of Intellectual Property Rights infringement covered by this Section 14.
"In the event of a third-party claim that the iOS App...infringes such third-party's intellectual property rights, Mistral AI, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim...Excerpt from Mistral AI's Commercial Terms
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The clause states: “In the event of a third-party claim that the iOS App...infringes such third-party's intellectual property rights, Mistral AI, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim...”
ConductAtlas has identified this type of provision across 225 platforms. See the full comparison.
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