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2026-08-14 11:03 UTC · mistral/terms · live page

Mistral AI updated the training policy to opt-out by default for Customer Data and Outputs used to train artificial intelligence models.

Summary by gemma-4-12b. It may be wrong; the diff below is what actually changed. Raw: 287e4998b9-mistral-terms.diff · commit 287e4998b9

diff --git a/snapshots/mistral/terms.md b/snapshots/mistral/terms.mdindex 5f17ef0..e44f0f7 100644--- a/snapshots/mistral/terms.md+++ b/snapshots/mistral/terms.md@@ -1,5 +1,5 @@ <!-- fineprint snapshot: mistral/terms | source: https://legal.mistral.ai/terms/commercial-terms-of-service --> -These Terms of Service for Commercial Users ("Terms"), together with the additional terms and policies referenced herein ("Additional Terms"), govern the use of Mistral AI Studio, Vibe, and the other websites, products, softwares, services, and technologies we offer (collectively, the "Mistral AI Products") by the organization, company, or other entity that you represent ("Customer"). The Mistral AI Products are provided by Mistral AI, a French limited joint-stock corporation, incorporated in Paris, under number 952 418 325, having its registered offices at 15 rue des Halles, 75001 Paris, France, or its affiliate as specified in an Order Form ("Mistral AI"). Customer and Mistral AI are individually referred to herein as a "Party", and collectively as the "Parties".+These Terms of Service for Commercial Users ("Terms"), together with the additional terms and policies referenced herein ("Additional Terms"), govern the use of Mistral AI Studio, Vibe, and the other websites, products, software, services, and technologies we offer (collectively, the "Mistral AI Products") by the organization, company, or other entity that you represent ("Customer"). The Mistral AI Products are provided by Mistral AI, a French limited joint-stock corporation, incorporated in Paris, under number 952 418 325, having its registered offices at 15 rue des Halles, 75001 Paris, France, or its affiliate as specified in an Order Form ("Mistral AI"). Customer and Mistral AI are individually referred to herein as a "Party", and collectively as the "Parties".  If you are an individual consumer, please reference the Terms of Service (EU Consumer) or Terms of Service (Consumers Outside of the EU) (based on where you reside), for the general terms applicable to your personal use of the Mistral AI Products.@@ -49,5 +49,5 @@ Customer will maintain and enforce restrictions substantially equivalent to thos ## 3. Customer Data and Outputs -3.1. Generally. Customer may provide data to the Mistral AI Products, such as prompts (including in the form of text, audio, video, or other media), fine-tuning data, or agent instructions ("Customer Data"), and receive content generated from the Mistral AI Products in response to Customer Data ("Output"). For clarity, the following do not constitute Output: (a) any component of the Mistral AI Products (including Model weights or parameters) and (b) any third-party content displayed on or through the Mistral AI Products to help Customer understand Output, such as hyperlinks, snippets or thumbnails, for which Customer is only granted a right to view and read ("Third-Party Content") do not constitute Output. To the extent permitted by applicable law, Customer (i) retains all ownership rights in Customer Data and (ii) owns all Output. Mistral AI hereby assigns to Customer all right, title, and interest, if any, in and to Output that Mistral AI may have.+3.1. Generally. Customer may provide data or access to data to the Mistral AI Products, such as prompts (including in the form of text, audio, video, or other media), coding environment, fine-tuning data, or agent instructions ("Customer Data"), and receive content generated from the Mistral AI Products in response to Customer Data ("Output"). For clarity, the following do not constitute Output: (a) any component of the Mistral AI Products (including Model weights or parameters) and (b) any third-party content displayed on or through the Mistral AI Products to help Customer understand Output, such as hyperlinks, snippets or thumbnails, for which Customer is only granted a right to view and read ("Third-Party Content") do not constitute Output. To the extent permitted by applicable law, Customer (i) retains all ownership rights in Customer Data and (ii) owns all Output. Mistral AI hereby assigns to Customer all right, title, and interest, if any, in and to Output that Mistral AI may have.  3.2. Responsibility for Customer Data and Outputs. Customer is responsible for all Customer Data provided through its Customer Account (including End User Accounts) and its End Users, and represents and warrants that Customer has and will maintain all rights, licenses, and permissions required to provide such Customer Data to the Mistral AI Products. Customer is solely responsible for all use of the Outputs and evaluating the Output for improper bias, accuracy, responsiveness, and appropriateness for Customer's use case. Customer may not represent or imply that the Output was generated by a human when it was generated by the Mistral AI Products. Mistral AI may, in its sole discretion, provide Output filters for certain Mistral AI Products that give Customer further ability to control and evaluate Output. If Customer deactivates these filters, Customer is solely responsible for the Output that is generated.@@ -63,7 +63,7 @@ Customer will maintain and enforce restrictions substantially equivalent to thos 4.1. Providing the Mistral AI Products. Customer grants Mistral AI a 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 for the purposes of (a) providing, maintaining, and optimizing the Mistral AI Products, which includes debugging, assessing, reviewing, and correcting the performance of the Mistral AI Products but excludes model training, and (b) performing our obligations under these Terms or the Additional Terms. -4.2. Training. 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, Vibe Pro or Vibe 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. Notwithstanding anything to the contrary, the foregoing Customer Data and Outputs will not be considered Customer Confidential Information.+4.2. Training. Mistral AI will not use Customer Data or Outputs to train its artificial intelligence models except (a) when you (i) opted-in to training on a Mistral AI Product set to opt-out by default or (ii) have not opted-out of training on a Mistral AI Product set to opt-in by default, (b) when Customer or an End User provides Feedback to Mistral AI, (c) as otherwise may be provided in an Order Form or (d) when Customer uses Labs or Preview 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. Notwithstanding anything to the contrary, the foregoing Customer Data and Outputs will not be considered Customer Confidential Information. -4.3. Labs Models. Mistral AI may provide its commercial Customers access to experimental or pre-release models identifiable by the prefix "labs" in AI Studio ("Labs Models") for testing purposes. Labs Models are exclusively available to Mistral AI's commercial Customers and are restricted to professional use only. By using Labs Models, you acknowledge that (i) Mistral AI may use Customer Data and Outputs generated from Labs Models to train its artificial intelligence models, unless you have activated zero data retention, and (ii) the opt-out preferences you selected for other Mistral AI Products does not apply to Labs Models. If you do not want your data or outputs used for training, do not use Labs Models.+4.3. Labs or Preview Models. Mistral AI may provide its commercial Customers access to experimental, preview or pre-release models identified as such, including those identifiable by the prefix "labs" in AI Studio ("Labs or Preview Models") for testing purposes. Labs or PreviewModels are exclusively available to Mistral AI's commercial Customers and are restricted to professional use only. By using Labs or Preview Models, you acknowledge that (i) Mistral AI may use Customer Data and Outputs generated from Labs or Preview Models to train its artificial intelligence models and (ii) the opt-out preferences you selected for other Mistral AI Products (including through zero data retention) does not apply to Labs or Preview Models. If you do not want your data or outputs used for training, do not use Labs or Preview Models.  ## 5. Mistral Materials@@ -105,5 +105,5 @@ Customer will maintain and enforce restrictions substantially equivalent to thos 9.1. Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY OR THEIR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (OTHER THAN A BREACH OF SECTION 6 (CONFIDENTIALITY)), OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF A PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE BY THE OTHER PARTY. -9.2. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EXCEPT FOR (A) EITHER PARTY'S (I) GROSS NEGLIGENCE, (II) WILLFUL MISCONDUCT, OR (III) BREACH OF OBLIGATIONS UNDER SECTION 6 (CONFIDENTIALITY), OR (B) CUSTOMER'S (I) BREACH OF ITS OBLIGATIONS UNDER SECTION 2.2 (USE RESTRICTIONS) OR SECTION 10 (FEES AND PAYMENT) OR (II) OBLIGATIONS UNDER SECTION 8 (INDEMNIFICATION), EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE MISTRAL AI PRODUCTS WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY CUSTOMER TO MISTRAL AI IN THE TWELVE (12) MONTHS PRECEDING THE EVENT(S) GIVING RISE TO THE CLAIM.+9.2. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EXCEPT FOR (A) EITHER PARTY'S (I) GROSS NEGLIGENCE OR (II) WILLFUL MISCONDUCT, OR (B) CUSTOMER'S (I) BREACH OF ITS OBLIGATIONS UNDER SECTION 2.2 (USE RESTRICTIONS) OR SECTION 10 (FEES AND PAYMENT) OR (II) OBLIGATIONS UNDER SECTION 8 (INDEMNIFICATION), EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE MISTRAL AI PRODUCTS WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY CUSTOMER TO MISTRAL AI IN THE TWELVE (12) MONTHS PRECEDING THE EVENT(S) GIVING RISE TO THE CLAIM.  ## 10. Fees and Payment@@ -127,5 +127,5 @@ Payment Disputes. In the event of a good-faith dispute as to an invoice, Custome 11.4. Effects of Termination. In the event of termination, Customer must pay all outstanding Fees, including any unpaid invoices and other charges incurred up to the termination date. Customer's right to use the Mistral AI Products under these Terms will immediately cease upon termination or expiration of these Terms. Customer may not be able to export Customer Data or Outputs once its Customer Account is terminated. If Customer desires to export any Customer Data or Outputs from its Customer Account, Customer must complete such export prior to terminating its account. -11.5. Survival. In the event of expiration or termination of these Terms for any reason, all payment obligations incurred during the term of these Terms and the following Sections will survive, in their relevant parts, each for the duration necessary to achieve its own intended purpose: Section 1.1 (Customer Infrastructure), Section 1.2 (Partner Infrastructure), Section 1.3 (Mistral AI Infrastructure), Section 2.2 (Use Restrictions), Section 2.4 (Feedback), Section 3.3 (Similarity of Outputs), Section 3.4 (Output accuracy), Section 3.5 (Outputs), Section 4 (Mistral AI Use of Customer Data and Outputs), Section 5 (Mistral AI Materials), Section 6 (Confidentiality), Section 7.4 (Disclaimer), Section 8 (Indemnification), Section 9 (Exclusion of Damages; Limitation of Liability), Section 10 (Fees and Payment), Section 11.4 (Effects of Termination), Section 11.5 (Survival), Section 14 (General Terms), and Section 16 (Mobile Applications).+11.5. Survival. In the event of expiration or termination of these Terms for any reason, all payment obligations incurred during the term of these Terms and the following Sections will survive, in their relevant parts, each for the duration necessary to achieve its own intended purpose: Section 1.1 (Customer Infrastructure), Section 1.2 (Partner Infrastructure), Section 1.3 (Mistral AI Infrastructure), Section 2.2 (Use Restrictions), Section 2.4 (Feedback), Section 3.3 (Output Restrictions), Section 3.4 (Similarity of Output), Section 3.5 (Output Accuracy), Section 4 (Mistral AI Use of Customer Data and Outputs), Section 5 (Mistral AI Materials), Section 6 (Confidentiality), Section 7.4 (Disclaimer), Section 8 (Indemnification), Section 9 (Exclusion of Damages; Limitation of Liability), Section 10 (Fees and Payment), Section 11.4 (Effects of Termination), Section 11.5 (Survival), Section 14 (General Terms), and Section 16 (Mobile Applications).  ## 12. Privacy@@ -151,5 +151,5 @@ Payment Disputes. In the event of a good-faith dispute as to an invoice, Custome 14.1. Notices. Any notice or other communication required or authorized under these Terms must be in writing. Notices may be sent (a) to Customer at the email address or physical address provided at the time of entering into these Terms or otherwise associated with the Customer Account, or via an in-product notification to Customer, and (b) to Mistral AI via email at legal@mistral.ai, with a written copy to Mistral AI at the physical address above or as otherwise specified in an Order Form (and labeled "Attention: Legal"). -14.2 Assignment. Customer may not assign or transfer its rights under these Terms or subcontract its obligations herein to a third party without Mistral AI's prior written consent. Mistral AI reserves the right to assign, transfer, or subcontract these Terms or its obligations herein to an affiliate without Customer's prior written consent. Where Mistral AI subcontracts any of its obligations hereunder to a third party, Mistral AI will remain responsible for all acts and omissions of such third party.+14.2. Assignment. Customer may not assign or transfer its rights under these Terms or subcontract its obligations herein to a third party without Mistral AI's prior written consent. Mistral AI reserves the right to assign, transfer, or subcontract these Terms or its obligations herein to an affiliate without Customer's prior written consent. Where Mistral AI subcontracts any of its obligations hereunder to a third party, Mistral AI will remain responsible for all acts and omissions of such third party.  14.3. Force Majeure. Neither Party will be liable for failure or delay in performing its obligations hereunder to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.@@ -177,5 +177,5 @@ Payment Disputes. In the event of a good-faith dispute as to an invoice, Custome 14.12. Support. Mistral AI is solely responsible to provide the support described in our Documentation or any Order Form. -14.13. Export/Trade Controls. Customer agrees to comply with all applicable export control, economic sanctions, and trade compliance laws and regulations, including those of the European Union, the United States, and Singapore. Customer represents and warrants that: (a) neither Customer nor any of its personnel are located in or organized under the laws of any country or region subject to comprehensive sanctions or embargoes by the European Union, United States, or Singapore (including, as of the Effective Date, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine); (b) neither Customer nor any of its personnel are a person listed on any applicable government denied party, restricted party, or sanctions list, including those maintained by the U.S. Office of Foreign Assets Control (OFAC), the U.S. Department of Commerce, the European Union, or the United Nations Security Council; (c) Customer will not use, re-export, transfer, or disclose any Mistral AI Products, Output, or technical data in violation of any applicable export control or sanctions laws or regulations, including the U.S. Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), or similar laws in other jurisdictions; (d) Customer will not permit any third party to use the Mistral AI Products or Output in violation of such laws or regulations; (e) Customer will obtain all necessary government authorizations, licenses, or approvals required to export, re-export, or transfer any Mistral AI Products, Output, or technical data; and (f) Customer will not use information governed by any of the foregoing as Inputs without first obtaining all necessary government authorizations, licenses, or approvals required for such use.+14.13. Export/Trade Controls. Customer agrees to comply with all applicable export control, economic sanctions, and trade compliance laws and regulations, including those of the European Union, the United States, and Singapore. Customer represents and warrants that: (a) neither Customer nor any of its personnel are located in or organized under the laws of any country or region subject to comprehensive sanctions or embargoes by the European Union, United States, or Singapore (including, as of the Effective Date, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine); (b) neither Customer nor any of its personnel are a person listed on any applicable government denied party, restricted party, or sanctions list, including those maintained by the U.S. Office of Foreign Assets Control (OFAC), the U.S. Department of Commerce, the European Union, or the United Nations Security Council; (c) Customer will not use, re-export, transfer, or disclose any Mistral AI Products, Output, or technical data in violation of any applicable export control or sanctions laws or regulations, including the U.S. Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), or similar laws in other jurisdictions; (d) Customer will not permit any third party to use the Mistral AI Products or Output in violation of such laws or regulations; (e) Customer will obtain all necessary government authorizations, licenses, or approvals required to export, re-export, or transfer any Mistral AI Products, Output, or technical data; and (f) Customer will not use information governed by any of the foregoing as inputs without first obtaining all necessary government authorizations, licenses, or approvals required for such use.  ## 15. 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