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

Training Data License and Opt-Out Carve-Outs

High severity High confidence Explicit document language Common · 288 of 352 platforms
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Document Record

What it is

Mistral AI generally does not use your business data to train its AI, but there are five exceptions, including when you use Labs Models, submit Feedback, or use free or certain paid subscriptions without opting out. For those exceptions, you grant a permanent, irrevocable license to use your data for training.

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)

The license granted for training purposes under the listed exceptions is perpetual and irrevocable, meaning that once data falls within one of these categories, Mistral AI's right to use it for training cannot be withdrawn even if the Customer later terminates the agreement.

Recent Activity

This document changed recently

Medium Aug 8, 2026

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.

View change record →

Clause Stability Stable

0
Changes
3
Months Monitored
May 11, 2026
First Seen
May 22, 2026
Last Seen
This clause type exists across 4430 other provisions on other platforms.

Consumer impact (what this means for users)

Commercial customers whose data is submitted through Labs Models, flagged by moderation, or associated with Feedback may have that Customer Data and Output used for AI model training under a license that cannot be revoked, affecting organizations with confidentiality or data minimization obligations.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Opt Out of Arbitration
    Log into Mistral AI Studio, navigate to Labs Models settings, and activate zero data retention to prevent your data and outputs from being used for training. Note that this setting is specific to Labs Models and does not apply across other products automatically.

How other platforms handle this

Tinder Medium

we may share data between our affiliates for the safety and security of our users and may take necessary actions if we believe you have violated these Terms, including banning you from our Services and/or our affiliates' services...

Skillshare Medium

Protect us, our business, our users, and others, for example to enforce our terms of service, prevent spam or other unwanted communications, and investigate or protect against fraud

Squarespace Medium

Each payment processor uses and processes your complete payment information in accordance with its applicable privacy policy (Stripe and PayPal).

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
Mistral AI will not use Customer Data or Outputs to train its artificial intelligence models except (a) for Customer Data or Outputs used or generated in connection with the use Mistral AI Products under a free subscription, Le Chat Pro or Le Chat Teams, where Customer has not opted-out of training, (b) when Customer or an End User provides Feedback to Mistral AI, (c) when Customer Data our Outputs are flagged as part of Mistral AI's automated moderation or reported by a user under the Additional Terms, (d) as otherwise may be provided in an Order Form or (e) when Customer uses Labs Models. Customer grants Mistral AI a perpetual, irrevocable, worldwide, non-exclusive, non-transferable (except as permitted in Section 14.2 (Assignment)), royalty-free, fully-paid license (with the right to sublicense to our service providers) to use Customer Data and Outputs solely as provided in the preceding sentence to train Mistral AI's artificial intelligence models.

Excerpt from Mistral AI's Commercial Terms

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

(1) REGULATORY LANDSCAPE: This provision engages GDPR, particularly regarding lawful basis for processing personal data for AI training purposes, and the requirement for specific, informed consent where consent is relied upon.

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →

Applicable regulations

CCPA/CPRA
California, USA
Connecticut Data Privacy Act Amendments
US-CT
FTC Act Section 5
United States Federal
GDPR
European Union
Indiana Consumer Data Protection Act
US-IN
Kentucky Consumer Data Protection Act
US-KY
Universal Opt-Out Mechanism Expansion 2026
US

Provision details

Document information
Document
Mistral AI Commercial Terms
Entity
Mistral AI
Document last updated
May 11, 2026
Tracking information
First tracked
May 11, 2026
Last verified
May 11, 2026
Record ID
CA-P-010619
Document ID
CA-D-00769
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
443e14ee3ad0734942b2e9a158842131d439c00655d6e3397877b617167aba39
Analysis generated
May 11, 2026 12:29 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Mistral AI
Document: Mistral AI Commercial Terms
Record ID: CA-P-010619
Captured: 2026-05-11 12:29:38 UTC
SHA-256: 443e14ee3ad07349…
URL: https://conductatlas.com/platform/mistral-ai/mistral-ai-commercial-terms/provision/CA-P-010619/training-data-license-and-opt-out-carve-outs/
Accessed: Aug. 24, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Mistral AI's Training Data License and Opt-Out Carve-Outs clause do?

The license granted for training purposes under the listed exceptions is perpetual and irrevocable, meaning that once data falls within one of these categories, Mistral AI's right to use it for training cannot be withdrawn even if the Customer later terminates the agreement.

How does this clause affect you?

Commercial customers whose data is submitted through Labs Models, flagged by moderation, or associated with Feedback may have that Customer Data and Output used for AI model training under a license that cannot be revoked, affecting organizations with confidentiality or data minimization obligations.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 288 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.