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 redefine when Mistral AI will use customer data and outputs for AI model training. Previously, the terms distinguished between free tiers (where training was opt-out) and Labs Models (where training always occurred). The revised language consolidates experimental models as 'Labs or Preview Models' and explicitly states that training opt-out preferences applied to other products do not carry over to these experimental models. Additionally, the terms now specify that customer data includes 'access to data' and 'coding environment,' expanding what qualifies as trainable material. The liability cap was narrowed to remove the carve-out protecting confidentiality breach claims, meaning liability limits apply more broadly. You can review which Mistral products are set to opt-in versus opt-out by default and avoid Labs or Preview Models if you do not want your data used for training.
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"The Receiving Party agrees to use Confidential Information solely for the purpose of fulfilling its obligations under this Agreement and to protect it with at least the same degree of care as it uses to protect its own confidential information...Excerpt from Mistral AI's Commercial Terms
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The clause states: “The Receiving Party agrees to use Confidential Information solely for the purpose of fulfilling its obligations under this Agreement and to protect it with at least the same degree of care as it uses to protect its own confidential information...”
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