Mistral AI · Mistral AI Terms of Service · View original document ↗

AI Model Training Data Use and Opt-Out

High severity High confidence Explicitdocumentlanguage Rare · 1 of 325 platforms
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Document Record

What it is

Mistral AI can use your conversations to train its AI models if you are on the free plan or certain paid plans (Le Chat Pro or Le Chat Student) and have not turned off this option in your settings. If you give feedback like thumbs up or down, that data and the related conversation can always be used for training regardless of your opt-out status.

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)

Your conversations may contribute to improving Mistral AI's models by default on free and some paid plans, meaning the things you type into the service could be reviewed and incorporated into future AI training unless you take action to opt out.

Consumer impact (what this means for users)

Users on free, Le Chat Pro, or Le Chat Student plans will have their Input and Output data used for AI training unless they actively opt out via account settings. Feedback data including the associated conversation is used for training regardless of opt-out status.

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 your Mistral AI account, navigate to account or privacy settings, and locate the data training opt-out option. Toggle it off to prevent your conversations from being used for model training. Note that feedback data remains usable for training regardless of this setting.

How other platforms handle this

Windsurf Medium

We may leverage OpenAI models independent of user selection for processing other tasks (e.g. for summarization). We may leverage Anthropic models independent of user selection for processing other tasks (e.g. for summarization). We may leverage these models independent of user selection for processi...

Writer Medium

Writer does not use Customer Data to train its AI models without explicit customer permission. Customer Data means the data, content, and information that customers and their end users submit to or through the Services.

Ideogram Medium

We may use the content you provide to us, including prompts and generated images, to train and improve our AI models and services.

See all platforms with this clause type →

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▸ View Original Clause Language DOCUMENT RECORD
"
We do not use Your Data to train our artificial intelligence models except (a) when you (i) use Mistral AI Products under a free subscription, or are subscribed to Le Chat Pro or Le Chat Student, and (ii) you have not opted-out of training, (b) when you provide Feedback to us, or (c) when Your Data is flagged as part of our automated moderation or reported as prohibited content, in which case we may use Your Data to improve the Mistral AI Products and enforce our Usage Policy.

— Excerpt from Mistral AI's Mistral AI Terms of Service

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

(1) REGULATORY LANDSCAPE: This provision implicates data protection frameworks in the jurisdictions of affected users, including the UK GDPR, Canada's PIPEDA, Brazil's LGPD, Australia's Privacy Act, and the CCPA for California residents. The FTC Act may apply to US users if the opt-out mechanism is not sufficiently prominent or accessible. The EU AI Act imposes training data governance obligations on Mistral AI as a French provider of general-purpose AI systems, which interact with this provision's data sourcing practices. The relevant enforcement authorities include the UK Information Commissioner's Office, the French CNIL as Mistral AI's home regulator, and US state attorneys general for applicable state law claims. (2) GOVERNANCE EXPOSURE: High. The default-on training use structure for free and specified paid subscribers creates exposure where applicable law requires affirmative opt-in consent for secondary processing, including in jurisdictions applying the UK GDPR or similar frameworks. The carve-out for feedback data, which is always usable for training, may also require evaluation under purpose limitation principles. The phrase 'to the extent permitted by applicable law' qualifies the data ownership grant but does not address the training consent mechanism directly. (3) JURISDICTION FLAGS: California residents may have rights under CCPA regarding use of personal information for secondary purposes. UK users may be entitled to greater protections under UK GDPR, where the basis for secondary processing and opt-out adequacy will be relevant. Canadian users may invoke PIPEDA's meaningful consent requirements. EU residents are excluded from this document but Mistral AI's French domicile means CNIL oversight applies to the company's training data practices globally. Jurisdictions requiring opt-in consent rather than opt-out create heightened exposure. (4) CONTRACT AND VENDOR IMPLICATIONS: Procurement teams integrating Mistral AI into employee-facing workflows should confirm that the opt-out is activated by default for organizational accounts or that the commercial terms, rather than these consumer terms, govern. The training data license granted to Mistral AI is described as worldwide, non-exclusive, royalty-free, and sublicensable to delegates and subcontractors, which raises vendor chain visibility questions for data governance teams. B2B contracts should specify which terms govern to avoid inadvertent application of this training provision. (5) COMPLIANCE CONSIDERATIONS: Compliance teams should audit whether the opt-out setting is documented in onboarding flows and whether users receive clear notice of the default training use at account creation. Data mapping exercises should identify whether employee or customer data entered into Mistral AI consumer products could fall within the training scope. Organizations should review the feedback mechanism specifically, as it operates as an unconditional training consent trigger that bypasses the general opt-out.

Full compliance analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

  • FTC
    The FTC may have jurisdiction over data practices affecting US consumers, including whether the default-on training opt-out mechanism constitutes unfair or deceptive practice under Section 5 of the FTC Act.
    File a complaint →
  • State AG
    State attorneys general, particularly in California, may have jurisdiction over training data use practices under the CCPA or equivalent state consumer protection statutes.
    File a complaint →

Applicable regulations

EU AI Act
European Union
California AB 2013 AI Training Data Transparency
US-CA
Colorado AI Act
US-CO
EU AI Act - High Risk Provisions
EU
GDPR
European Union
Texas AI Act
Texas, USA
Trump Executive Order on AI Policy Framework
US

Provision details

Document information
Document
Mistral AI Terms of Service
Entity
Mistral AI
Document last updated
May 5, 2026
Tracking information
First tracked
May 11, 2026
Last verified
May 11, 2026
Record ID
CA-P-010130
Document ID
CA-D-00444
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
47f86a66b5f51203571ed3d373701c2261dd0cf94d6ee77dab2ebcc5a787e098
Analysis generated
May 11, 2026 02:35 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Mistral AI
Document: Mistral AI Terms of Service
Record ID: CA-P-010130
Captured: 2026-05-11 02:35:19 UTC
SHA-256: 47f86a66b5f51203…
URL: https://conductatlas.com/platform/mistral-ai/mistral-ai-terms-of-service/ai-model-training-data-use-and-opt-out/
Accessed: May 13, 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 AI Model Training Data Use and Opt-Out clause do?

Your conversations may contribute to improving Mistral AI's models by default on free and some paid plans, meaning the things you type into the service could be reviewed and incorporated into future AI training unless you take action to opt out.

How does this clause affect you?

Users on free, Le Chat Pro, or Le Chat Student plans will have their Input and Output data used for AI training unless they actively opt out via account settings. Feedback data including the associated conversation is used for training regardless of opt-out status.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 1 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.