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

Liability Cap

Medium severity Medium confidence Explicitdocumentlanguage Rare · 5 of 325 platforms
Share 𝕏 Share in Share 🔒 PDF
Recent governance activity Mistral AI recorded 4 documented changes in the last 30 days.
Start monitoring updates
Monitor governance changes for Mistral AI Create a free account to receive the weekly governance digest and monitor one platform for governance changes.
Create free account No credit card required.
Document Record

What it is

If something goes wrong because of Mistral AI's products or services, the maximum amount they are required to pay you is either what you paid them in the past year or 50 euros, whichever is higher. This ceiling applies to most types of legal claims.

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)

For free users, the maximum compensation Mistral AI could owe is 50 euros regardless of the harm caused. This provision significantly limits users' ability to recover financially in the event of a serious failure, though applicable consumer protection laws in some jurisdictions may limit how enforceable such a cap is.

Interpretive note: Enforceability of the 50 euro cap depends heavily on the user's jurisdiction and whether mandatory local consumer protection laws override contractual liability limitations.

Consumer impact (what this means for users)

This clause caps Mistral AI's financial liability at the amount paid in the prior twelve months or 50 euros, whichever is greater, meaning free-tier users would face a 50 euro ceiling on any recoverable damages. Whether this cap is enforceable depends on applicable consumer protection law in the user's jurisdiction.

How other platforms handle this

Anthropic Medium

Except as stated in Section L.3.b, the liability of each party, and its affiliates and licensors, for any damages arising out of or related to these Terms (i) excludes damages that are consequential, incidental, special, indirect, or exemplary damages, including lost profits, business, contracts, re...

Fitbit Medium

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FITBIT, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN) DURING THE TWELV...

Craigslist Medium

To the full extent permitted by law, craigslist, Inc., and its officers, directors, employees, agents, licensors, affiliates, and successors in interest ("CL Entities") (1) make no promises, warranties, or representations as to CL, including its completeness, accuracy, availability, timeliness, prop...

See all platforms with this clause type →

Monitoring

Mistral AI has changed this document before.

Receive same-day alerts, structured change summaries, and monitoring for up to 10 platforms.

Start Watcher free trial Or create a free account →
▸ View Original Clause Language DOCUMENT RECORD
"
To the maximum extent permitted by applicable law, we exclude all implied warranties, representations, and conditions. To the maximum extent permitted by applicable law, we limit our total liability to you for any claim arising out of or in connection with these Terms or your use of any Mistral AI Products to the greater of: (a) the total amount you paid for the Mistral AI Products during the 12 months immediately preceding the claim, or (b) 50 Euros.

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

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

(1) REGULATORY LANDSCAPE: Liability caps in consumer-facing agreements engage consumer protection legislation in multiple jurisdictions, including the UK Consumer Rights Act 2015, which prohibits limitation of liability for death, personal injury, or negligence causing loss in certain contexts, and similar statutes in Australia, Canada, and various US states. The terms qualify the cap with 'to the maximum extent permitted by applicable law,' acknowledging potential unenforceability. The FTC Act's prohibition on unfair or deceptive acts and practices may apply to the extent the cap obscures consumer rights. The European Convention on Consumer Rights is not directly applicable to non-EEA users, but Mistral AI's French domicile means French consumer law principles inform the company's baseline practices. (2) GOVERNANCE EXPOSURE: Medium. The 50 euro floor is low relative to potential harm from AI-generated outputs, particularly in professional or financial contexts. The 'to the maximum extent permitted by applicable law' qualifier reduces but does not eliminate the risk that users in protective jurisdictions successfully challenge the cap. Courts in consumer-protective jurisdictions may decline to enforce the cap against consumers where statutory minimums apply. (3) JURISDICTION FLAGS: UK users may invoke the Consumer Rights Act 2015 to challenge the cap for negligence-related claims. Australian users may rely on the Australian Consumer Law, which provides non-excludable consumer guarantees. US consumers in states with strong consumer protection frameworks may find state law provides additional remedies. The 50 euro minimum creates a particularly low floor for high-value professional use cases. (4) CONTRACT AND VENDOR IMPLICATIONS: Businesses evaluating Mistral AI for commercial use should note that these consumer terms, if inadvertently applicable, would impose a 50 euro liability floor. The commercial terms should be reviewed separately. Procurement teams should confirm which terms govern their relationship and whether indemnification provisions in commercial contracts provide greater protection. (5) COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the liability cap is disclosed with sufficient prominence in the user interface to be enforceable in target jurisdictions. A review of applicable mandatory consumer protection statutes in key user geographies should be conducted to identify where the cap may be partially or wholly unenforceable. The implied warranty exclusion paired with the liability cap should be evaluated together for cumulative enforceability risk.

Full compliance analysis

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

Track 1 platform — free Try Watcher free for 14 days

Free: track 1 platform + weekly digest. Watcher: 10 platforms + same-day alerts. No credit card required.

Applicable agencies

  • FTC
    The FTC may evaluate whether a 50 euro liability cap for free users constitutes an unfair practice under Section 5 of the FTC Act, particularly for US consumers experiencing material harm.
    File a complaint →
  • State AG
    State attorneys general in consumer-protective states such as California may have standing to challenge low liability caps that interact with state consumer protection statutes.
    File a complaint →

Applicable regulations

EU AI Act - High Risk Provisions
EU
FTC Act Section 5
United States Federal

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-010131
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-010131
Captured: 2026-05-11 02:35:19 UTC
SHA-256: 47f86a66b5f51203…
URL: https://conductatlas.com/platform/mistral-ai/mistral-ai-terms-of-service/liability-cap/
Accessed: May 13, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

Other risks in this policy

Professional Governance Intelligence

Need to monitor specific governance provisions?

Professional includes provision-level monitoring, governance timelines, regulatory mapping, and audit-ready analysis.

Arbitration clauses AI governance Data rights Indemnification Retention policies
Start Professional free trial

Or start with Watcher →

Built from archived source documents, structured governance mappings, and historical version tracking.

Frequently Asked Questions

What does Mistral AI's Liability Cap clause do?

For free users, the maximum compensation Mistral AI could owe is 50 euros regardless of the harm caused. This provision significantly limits users' ability to recover financially in the event of a serious failure, though applicable consumer protection laws in some jurisdictions may limit how enforceable such a cap is.

How does this clause affect you?

This clause caps Mistral AI's financial liability at the amount paid in the prior twelve months or 50 euros, whichever is greater, meaning free-tier users would face a 50 euro ceiling on any recoverable damages. Whether this cap is enforceable depends on applicable consumer protection law in the user's jurisdiction.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 5 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.