Terms of Use
Preamble
Welcome to Mistral! Our platform provides access to Mistral AI’s artificial intelligence models tailored for text generation alongside with a range of complementary services (the “Services”).
This agreement (the “Agreement”) is entered into by and between Mistral AI, a French simplified joint-stock company, registered at the Trade register of Paris under number 952 418 325, and having its corporate seat at 15 rue des Halles 75001, Paris, France ("Mistral AI" or “Us”, also referred to with the possessive adjective “Our”) and any person who uses, accesses or subscribes to the Services ("You" or the “Customer”).
These Terms of Use apply to any Subscription, use and/or access to the Services by You. By subscribing, accessing or using the Services, You expressly agree to abide by and be bound by this Agreement.
Definitions
The capitalized words in this document shall have the meaning set forth below:
“Account”: means Your account on the Platform.
“Agreement” or or “Service Agreement”: means the agreement entered into by and between Mistral AI and You, composed of (a) these Terms of Use, (b) where applicable, the applicable Terms of Service and (c) all materials referred or linked to in the above mentioned documents, as may be amended from time to time.
“Anomaly”: means any anomaly affecting the proper functioning of the Services.
“Applicable Data Protection Law”: means (i) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable since 25 May 2018 (the “GDPR”) and (ii) the data protection laws and regulations applicable in France.
“Authorized Users”: means the Professional Customer’s employees and/or independent contractors, allowed by the Professional Customer to access and use the Services, subject to the Authorized Users’ compliance with this Agreement.
“Billing Cycle”: means the frequency at which the Customer is billed for the Fees, based on the Customer’s Subscription Plan.
“Business Hours”: means from 9 am to 6 pm on a Business Day.
“Business Days”: means from Monday to Friday, excluding French public holidays.
“Customer Application”: means the application edited and operated by the Customer under its sole control and responsibility, that the Customer may connect to the Platform to use certain Services.
“Data Controller”: means the legal person who determines the means and the purposes of the processing of Personal Data.
“Data Processor”: means the legal person that processes the Personal Data on behalf of the Data Controller and under its documented instructions.
“Effective Date”: means the earlier of (i) the date You first use the Services or (ii) the date You accept these Terms of Use.
“Fees”: means the fees paid or payable by the Customer under this Agreement in consideration for the Paid Services.
“Filters”: means the automatic mechanisms such as moderation prompts implemented by Mistral AI designed to screen or remove offensive, inappropriate or illicit content from the Output.
“Identifiers”: means Your email address and password required to log into Your Account.
“Mistral AI’s Intellectual Property”: means the Model(s), the Services, and any trade names, trademarks, logos, patents, trade secrets, know-how, designs, drawings, copyrights, engineering, otographs, samples, software, models, algorithm, image, literature, information, ideas, concepts, or improvements pertaining to the Services and other data of any kind that is protectable through copyrights, patent, trade secrets, trademarks, trade dress, service marks, or and includes any modification or enhancement of the Services.
“Model(s)”: means (i) any version of any artificial intelligence model developed by Mistral AI and made accessible in any manner (API, chat, etc….) on the Platform or via a Marketplace (as defined in Section 4.4. (Subscription via a Marketplace)) and (ii) the associated documentation as may be amended from time to time (the “Documentation”).
“Parties”: means You and Mistral AI. In the singular, “Party” means one of the Parties.
“Payment Services”: means the online payment services provided by Stripe Technology Europe Limited, having its principal office at The OneBuilding, 1, Lower Grand Canal Street,Dublin 2, Ireland, and registered as a payment service provider in Ireland under number C187865 (the “Payment Services Provider” or the “PSP”), allowing the Customer to pay the Fees on the Platform.
“Personal Data”: means any data related to an identified or identifiable natural person.
“Privacy Policy”: means Mistral AI’s privacy policy.
“Platform”: means the platform operated by Mistral AI, available at http://console.mistral.ai.
“Services”: means the services provided by Mistral AI to You under this Agreement, including but not limited to the Platform, the Model(s) and any other services provided by Mistral AI along with any associated software, application and website. The Services may be free of charge (the “Free Services”) or charged to You (the “Paid Services”).
“Subscription”: means the Customer’s subscription to the Services.
“Subscription Plan”: means the specific set of Services the Customer subscribes to. The available Subscription Plans are mentioned on the Platform and may be amended from time to time by Mistral AI at its sole discretion.
“Support”: means the support Services provided by Mistral AI to the Customer, which includes:
- “Customer Support”: means the service consisting in replying to the Customer’s questions and queries about the Services.
- “Technical Support”: means the service consisting in fixing the Anomalies notified by the Customer to Mistral AI through the Ticketing Platform.
“Terms of Service”: means the agreement entered into by and between the Parties and governing the use of specific Services and/or Subscription Services.
“Terms of Use”: refers to these terms of use.
“Ticketing Platform”: means the ticketing application provided by Mistral AI to the Customer, where the Customer can request Technical Support. The Customer may also request Technical Support at support@mistral.ai.
“Upgrade”: means any new version of the Services that introduces new features, enhancements, or improvements beyond the current version provided to the Customer under the Customer’s Subscription Plan.
“User Data”: means any of the following data:
- The “User Feedback”: means Your feedback pertaining to the accuracy, relevance, and effectiveness of the Outputs, including but not limited to any identified discrepancies or errors.
- The “User Input Data”: means any data provided by You that is used by You for the purpose of prompting, fine-tuning or customizing the Services to Your specific needs or use-case, for the duration of this Agreement.
- The “Outputs”: means any and all content generated by the Services in response to a Prompt.
- The “Prompts”: means any and all instructions, queries or textual cues given by You to the Services in order to generate an Output.
“You”, the “User” or the “Customer”: means any person who uses, accesses, browses and/or subscribes to the Services. The terms “Your”, and “Yours” are also used throughout this Agreement to specifically refer to such Customer. The Customer can be:
- A “Consumer’: has the meaning given in Section 15 (Provisions applicable to Consumers) of these Terms of Use.
- A “Professional Customer”: means any Customer Subscribing, accessing to or using the Services as part of its business or professional operations.
2. Purpose and scope
2.1. Purpose
The purpose of this Agreement is to describe the rights and responsibilities of the Parties in connection with Your use of the Services.
2.2. Scope and contractual documents
Scope. These Terms of Use apply to any Subscription, access to or use of the Services by You on the Platform or via a Marketplace (as defined in Section 4.4. (Subscription via a Marketplace) of these Terms of Use.
Additional Terms. Some Services may be subject to additional terms specific to that Service as set forth in the applicable Terms of Service. By accessing or using a Service covered by the Terms of Service, You also agree to such Terms of Service.
Hierarchy. In case of any conflicts or discrepancies between these Terms of Use and the applicable Terms of Service, the applicable Terms of Service shall prevail.
3. Acceptance
General Principle. Any access or use of the Services by You implies Your unreserved agreement to these Terms of Use. You must read these Terms of use carefully before using the Services. We recommend You download these Terms of Use, print them and keep a copy thereof. By clicking on “I agree” (or any similar button or checkbox on the Platform) at the time You sign up for a Service or by signing a Purchase Order, You expressly agree to be bound by this Agreement.
Agreement on behalf of another person. If You agree to any of the terms composing this Agreement on behalf of Your employer or a legal entity, You warrant and represent that You possess the authority to act and accept such terms on their behalf. In such a case, the words “You” or “Customer” in this Agreement will refer to Your employer or that legal entity.
4. Access to Our Services
4.1. What You need to access and use Our Services
Age limitation. You must be at least thirteen (13) years old to use Our Services. You must have parental or legal guardian permission if You are a minor registering for Our Services. We will promptly delete any Account found to be in violation of such requirements.
Technical requirements. You need a computer (or any compatible electronic device) and a high-speed internet connection to access and/or use Our Services. Depending on the Services You use, some additional technical requirements might be required, as further described in the Documentation and/or in the applicable Terms of Service. You are responsible for ensuring You comply with the foregoing technical requirements to utilize the Services effectively.
Costs. Unless otherwise stated, the costs of the abovementioned technical requirements shall be borne solely by You.
4.2. Your Account
Account creation. You must create an Account on the Platform to use the Services. To do so, You must fill in the form provided on the Platform. You must provide loyal, complete, correct and up-to-date information to Mistral AI and promptly update the information on Your Account if any changes occur.
Authorized Users. Subject to Your Subscription Plan, You may (a) create an Account for Authorized Users within the limits allowed by Your Subscription Plan. The creation of those Accounts may be charged to the Customer in accordance with the Fees applicable to its Subscription Plan, (b) manage the Authorized Users’ Accounts and (c) give those Authorized Users the relevant permissions to access and use the Services.
Restrictions. Your Account is intended for Your use only. Unless otherwise stated, You shall not share Your Account with any third party without Mistral AI’s prior written consent. You represent and warrant that You will not create (a) any fake Accounts, (b) more than one Account or (c) an Account on behalf of another individual or entity without such individual’s or entity’s consent.
Account security. You must keep Your Identifiers secure and strictly confidential. Mistral AI does not commit to monitoring which individual is using Your Account. You are thus solely responsible for any action carried out via Your Account, whether that action was carried-out by You or not. For the avoidance of doubt, any operation carried out using Your Account will be considered to have been carried-out by You. Therefore, You shall (a) monitor the use of the Services and Your Account closely and (b) notify Mistral AI at support@mistral.ai in the event of any (suspected or confirmed) unauthorized or fraudulent use of Your Account as soon as You become aware of such events.
Suspension or deactivation by Mistral AI. Mistral AI reserves the right to suspend or deactivate Your Account Section 13 (Term, Suspension and Termination) of these Terms of Use, if Mistral AI suspects or determines that such Account may have been used for an unauthorized purpose.
Deactivation by You. You may deactivate Your Account at any time by sending an email tosupport@mistral.ai unless You subscribed to Our Paid Subscription Services. In such a case, You may only delete Your Account under the terms and conditions set forth in Section 13 (Term, Suspension and Termination) of these Terms of Use or in the applicable Terms of Service
4.3. Subscription to the Services
4.3.1. Free Services
Subscription Process. To access and use the Free Services, You must:
- Create Your Account on the Platform in compliance with the Terms of Use, and
- Accept this Agreement.
4.3.2. Paid Services
Subscription Process. To subscribe to the Paid Services, You must:
- Create Your Account, in compliance with the Terms of Use,
- Choose Your Subscription Plan,
- Choose Your payment method. If You choose to pay the Fees via credit card, an imprint of its credit card may be taken to verify the validity of the card. This process is solely for verification purposes and does not result in any immediate charges unless explicitly stated,
- Provide Your payment and billing information by filling in the form available on the Platform. You must provide loyal, up-to-date, complete and accurate payment and billing information. You shall promptly update Your payment and/or billing information in order to keep such information current, complete and up-to-date. This change can be made through the Your Account on the Platform,
- Accept this Agreement,
- Review Your Subscription. During this step, You will be able to modify the Purchase Order if necessary,
- Confirm Your Subscription, and
- Depending on the Services You wish to Subscribe to, You may be required to pay for the Fees for the initial subscription month, as outlined in the applicable Terms of Service.
Confirmation of the Subscription. Once the Subscription process is complete, a page will appear on the Platform to confirm Your Subscription. Mistral AI will send You a confirmation of Your Subscription at the email address provided by You when creating Your Account (unless such email address is not valid), alongside with a PDF copy of this Agreement. This confirmation does not constitute an invoice. You will be able to access and use the Paid Services once You have received such confirmation.
Subscription verification process. Mistral AI and/or, where applicable, the Payment Services Provider will verify the information provided by You during the Subscription process. Mistral AI reserves the right to decline the Your Subscription to the Paid Services in case of any suspected OFAC regulation violation or instances of fraud and/or misrepresentation. In such cases, (i) Mistral AI will notify You by email, (ii) Mistral AI will refund You of any pre-paid Fees under this Agreement and (iii) this Agreement will automatically terminate.
Change Subscription Plan. A Subscription Plan enables the Customer to access specific features and Models as listed on the Platform. If the Customer wishes to access a Model that is not included in its current Subscription Plan, the Customer must subscribe to the relevant Subscription Plan to gain access.
4.4. Subscription to the Services via a Marketplace
General Principle. If You subscribe to any of Our Services via a marketplace (the “Marketplace”) operated by a third-party (the “Agent”), this Agreement shall be supplemented by the terms entered into by and between You and the Agent (the “Marketplace Terms”). In such a case, Your access and use of the Model will be facilitated through the IT Infrastructure of the Marketplace. You acknowledge that Mistral AI has no control over the Marketplace’s IT infrastructure and that Mistral AI will not be held liable for any outcomes arising from it, including but not limited to the unavailability of the Model, errors, bugs or any impossibility to access or use the Model.
Hierarchy. The Marketplace Terms shall supersede the following sections of this Agreement:
- For these Terms of Use: 4.2. (Your Account), 6 (Fees, billing and payment), 9 (Our Obligations - the paragraphs titled “General Obligations” and “Illicit Content”), 13 (Term, suspension and Termination).The Paragraphs “Customer Support”, “Customer Support Exclusions” and “Technical Support” of Section 5 (Our Services) will only apply if (i) the Customer contacted the Agent’s support team first and (ii) the Agent’s support team determined that the Anomaly is caused by Our Services or the Agent’s support team could not answer the Customer’s questions. Section 14.2. (Mistral AI as Data Processor) only applies to the processing activities carried out by Mistral AI on behalf of the Customer for Customer or Technical Support purposes.
- For the API Terms of Service: 4.2. (Service Level Objectives), 5 (Fees, payment and billing), 6 (Term and termination). For the Chat Terms of Service: 4.2. Chat Services Availability.
Term. This Agreement shall commence on the Effective Date and continue for the duration of the Marketplace Terms. This Agreement can be terminated by the Customer under the conditions set out in the Marketplace Terms.
5. Our Services
The Platform. Any User may access and use the Platform free of charge as well as the Free Services. Our Services consist in allowing You to use Our Model(s) for the purpose of generating Outputs. You can access the full list and description of the Services provided by Mistral AI on the Platform and/or on the Documentation, as may be amended from time to time.
Restrictions. Certain Services may not be directly accessible, either due to their payable nature (Paid Services) or restricted access limited to specific Users, such as businesses. The paid or restrictive nature of these Services is explicitly outlined on the Platform and/or the applicable Documentation.
Evolution of the Services. Subject to the applicable Terms of Service, We reserve the right to modify, update or enhance Our Services without notice. Such modifications may include, but are not limited to, debugging, feature additions, enhancements or alterations to improve Service quality. You agree that We are not obligated to maintain or provide prior features, functionalities or Services following modifications, updates or upgrades, unless otherwise stated.
Customer support. Mistral AI will provide You with all reasonable guidance and information necessary to facilitate the optimal use of the Services, under the terms set out below (the “Customer Support”). The Customer shall submit Customer Support requests to Mistral AI through Mistral AI’s Ticketing Platform. Mistral AI will use commercially reasonable efforts to respond to the Customer’s legitimate questions concerning the use of the API Services within a reasonable time, during Business Hours and on Business Days.
Customer Support exclusions. This Assistance Service does not cover any inquiries by the Customer:
- For which information is readily available in the Documentation,
- Regarding the initial training for the use of the Services. You are solely responsible for training Your Authorized Users to use the Services,
- Resulting from the use of third-party software, hardware or services not provided by Mistral AI,
- Resulting from Your improper, unlawful or unauthorized use of the Services, or
- When You fail to pay the applicable Fees.
Technical Support. You must notify Mistral AI of any Anomaly affecting the Services using the Ticketing Platform. Mistral AI will use commercially reasonable efforts to fix the Anomalies notified by You within commercially reasonable timeframes.
Adaptive Maintenance. Mistral AI may perform adaptive maintenance, to ensure the Services continual adaptability and alignment with evolving technological or regulatory standards. You acknowledge and agree that this Agreement does not automatically include any Upgrades for the Services and that any Upgrades may require changing Your Subscription Plan. For the avoidance of any doubt, Mistral AI is under no obligation to improve the Services or provide any Upgrade to You.
6. Fees, billing and payment
General Principle. Specific payment terms may apply depending on the Services Your Subscribe to. Please make sure to check the applicable Terms of Service to know more about the applicable payment terms before Subscribing to a Service.
6.1. Fees
Applicable Fees. The Fees are listed on the Platform inclusive of all Taxes. You must pay to Mistral AI the Fees listed in Mistral AI’s then-current price list available on the Platform. Unless otherwise stated and to the extent permitted by applicable law, all amounts paid by the Customer are non-refundable and non-cancellable.
Pricing evolution. Mistral AI may modify the price list at its own discretion upon giving at least thirty (30) days’ notice in writing to the email address You provided upon Your Subscription. If You do not agree with this modification, You may terminate this Agreement and/or the relevant Purchase Order before the end of this notice period. The Fees will not be increased during this notice period.
6.2. Billing
Payment method. The Customer must pay the Fees via credit card or any other payment method available on the Platform.
Frequency. The Customer authorizes Mistral AI and/or the Payment Service Provider to charge the Customer’s select payment method every month.
Payment Services. The Payment Services allowing the Customer to pay the applicable Fees are provided by the Payment Services Provider under its sole control and responsibility. Mistral AI is not responsible for the Payment Services provided by the Payment Services Provider.
Billing. Billing shall occur simultaneously as payment.
6.3. Suspension or termination
Suspension or termination. We reserve the right to suspend or terminate Your access to the Services in case of late-payment or non-payment under the conditions set forth in Section (Term, Suspension and Termination) of these Terms of Use.
6.4. Conditions applicable to Professional Customers
Late payments. The Customer may not withhold any amounts due under this Agreement. Any late payment will (i) be increased by a fixed indemnity of fourty (40) euros and the costs of collection (if any) and (ii) will incur a late payment interest rate of three (3) times the legal interest rate per day, starting from the day after the payment due date until full payment is received. For the purpose of this Agreement and subject to applicable law, the legal interest rate means the interest rate applied by the European Central Bank to its most recent refinancing operation, plus 10 percentage points.
Taxes. The Customer is responsible for settling any applicable Taxes that may be levied on top of the Fees and must pay Mistral AI for the Services without any deductions related to Taxes. If Mistral AI is required to collect or pay any Taxes, they will be invoiced to the Customer, who is obligated to settle them unless a valid tax exemption certificate regarding these Taxes is timely provided to Mistral AI. If the Customer is obligated by law to withhold Taxes from any payments under this Agreement, the Customer agrees to increase the payment amount to ensure that Mistral AI receives the full agreed-upon Fees notwithstanding these deductions. The Customer will be solely responsible for remitting the withheld amounts to the relevant authorities. The Customer shall provide Mistral AI with all pertinent tax identification information that Mistral AI may require under the applicable law to ensure compliance with prevailing tax regulations and the authorities of relevant jurisdictions. The Customer agrees to settle any potential interests, penalties, taxes, or fines resulting from the Customer’s failure to declare, or reimburse Mistral AI for such amounts.
7. Your User Data
Responsibility. When You use Our Services, You may provide Prompts and Our Services may generate Outputs in return. You are solely responsible for Your use of the Prompts and the Outputs. You shall only use Prompts to which You own all required rights under applicable law and do so in a manner that is consistent with the applicable law. You shall not intentionally make the Services generate Outputs infringing intellectual property rights, third party rights or applicable law, or use such infringing Outputs after You become aware of such infringement.
Prompt ownership. You hereby represent that You own Your Prompts. You retain all the rights, including but not limited to the intellectual property rights to Your Prompts. You grant Us a worldwide, revocable, non-exclusive, non-sublicensable, non-transferable right to use the Prompts for the purpose of performing the Services, for the term of this Agreement.
Output ownership.Where applicable, We assign to You, all the intellectual property rights in and to the Outputs, including (i) the right to reproduce, without any limitation of number, all or part of the Outputs (ii) the right to represent, broadcast or have broadcasted, to communicate or make available the Outputs to the public (iii) the right to adapt, correct, modify, improve the Outputs, the right to make new versions of the Outputs from all or part of the existing Outputs, the right to maintain, modify, arrange, assemble, condense, transcribe, scan, mix, migrate, zip, unzip all or part of the Outputs, the right to translate them into any language whatsoever (including computer language), the right to interface them with any software, material or database (unless otherwise stated), the right to integrate them in any existing or future works, on any support and by any means, (iv) the right to define and to modify the use, the purpose of the use and the destination of the Outputs in any form, known and unknown, existing or future, and (v) more generally, the right to use, exploit, distribute the Output. You are allowed to exercise these rights on any existing or future, known or unknown (i) medium including but not limited to any printed, electronic, digital, numerical, analog, magnetic media, (ii) mean of communication, telecommunication, or other network including but not limited to radio, video, broadcast, satellite, Internet, electronic. Unless otherwise stated, these rights can be exercised for any purpose (public exploitation, private use, free, paid for, subscription, etc.). This assignment is granted worldwide and for the entire legal term of protection of the Outputs by the intellectual property rights applicable as provided for by the applicable law. However, You are expressly prohibited to use the Outputs and/or any modified or derived version of the Outputs to (directly or indirectly) to reverse engineer the Services.
Output similarity. You agree that, due to the nature of Our Services, if another User uses a Prompt similar to Yours, our Services may generate an Output similar or identical to Yours. We do not warrant that Your Output is not similar or identical to another User’s Output. Consequently and unless otherwise stated, we will not indemnify You in case Your Output is similar or identical to another User’s Output.
Output accuracy. You acknowledge and agree that Our Services are inherently subject to certain unpredictabilities, particularly with the Outputs generated, as such Outputs depend on Your Prompt and as the technology behind Our Services is complex and continuously evolving. For the avoidance of any doubt and to the extent permitted by applicable law, Our Services are provided without any express or implied warranty regarding the quality or the accuracy of the Outputs. Consequently, You agree that the Outputs generated by Our Services may be incomplete, not up-to-date or not entirely accurate. Therefore, when using Our Services, You must:
Ensure the quality of Your Prompts,
Assess the accuracy and/or the suitability of the Output to your needs before using or sharing the Output,
Include in Your Prompt any relevant moderation prompt to better filter or adapt the Output, especially if You deactivated the Filters proposed by Mistral AI, and
Check the information generated by the Output and, in any case, not rely on the Output as a unique source of truth and/or information, as safe and inoffensive in every circumstance, or as a replacement for professional guidance.
License. You grant Us a worldwide, non-revocable, non-exclusive, non-sublicensable, non-transferable right to use Your User Feedback for the purpose of improving Our Model(s). This helps us improve the accuracy of the Outputs generated by Our Model(s) and the overall efficiency and/or moderation of Our Services. This license is granted for the duration of the intellectual property rights under applicable law.
Monitoring. We may use Your Prompts and Outputs to monitor abuse (meaning, to monitor any breach by You of the Agreement). To this end, we retain Your Prompts and Outputs for a period of thirty (30) days.
Moderation. We make commercially reasonable efforts to make sure Our Services do not generate Outputs that contain offensive, inappropriate or illicit content. To this end, We have implemented and / or are proposing different moderation mechanisms such as Filters to Our Model(s). Subject to Your Subscription Plan and to the option being available on the Platform, YYou may deactivate these Filters for legitimate purposes pertaining to Your specific Use-Case. You agree that (a) We do not warrant that the Output generated will not be offensive, inappropriate or illicit, (b) You are solely responsible for the use of Your Output and (c) You shall in no way use the Output for any illicit or unlawful purpose and/or to harm Mistral AI and/or a third party.
8. Your obligations
General obligations. You shall use Our Services in compliance with this Agreement and all applicable laws and regulations, including but not limited to all intellectual property, data and privacy laws. Therefore, You are responsible for:
The information You provide Us. You must provide honest, loyal, complete, accurate and up-to-date information to Mistral AI and promptly update such information as need may be.
Your use of Your Account and Our Services. You must:
Not use Our Services for any illicit, unlawful, prohibited and/or illegal purposes, to harm third parties or Mistral AI.
Not use the Services for a benefit of a third party unless agreed otherwise in a separate contract with Us.
Not use the Services to circumvent the intended features, functionality or limitations of the Services or to divert Our Services from their intended purposes as set forth in this Agreement.
Not interfere with or circumvent mechanisms in the Services intended to monitor Your use of Our Services or to limit such use, except as provided for in Section 6 (Your User Data) of these Terms of Use.
Not infringe the rights of third parties, including but not limited to intellectual property rights or privacy. You shall only use Prompts to which You own all required rights under applicable law and to do so in a manner that is consistent with the applicable law.
Not use the Services in a manner in which, in Mistral AI’s opinion, would affect Mistral AI’s reputation or goodwill or any of its trademarks.
Your User Data. You must:
Not represent that the Output was generated by a human when it was generated by Our Services.
Not use the Output if You are aware that it infringes the rights of third parties, including but not limited to intellectual property rights.
Comply with the applicable data protection laws if You use Personal Data as part of Your User Data.
Not compromising the security of Our Services. You must:
Not interfere with, circumvent or bypass mechanisms in the Services intended to ensure the security of our Services.
Not attempt to or engage in any activities that could compromise the security, moderation or proper functioning of the Services. Specifically, the Customer shall refrain from any attempt to inject malicious Prompts or carry-out Prompt injection attacks with the intent of manipulating the behavior of the Model,
Not attempt to or take any actions that may result in unauthorized access, interference or disruption of the Services’ operation.
Not disable, overly burden, impair or otherwise interfere with servers or networks connected with Our Services.
Not disseminate data that would diminish, disorganize, slow down or interrupt the normal functioning of Our Services.
Not use, store, transmit or disseminate data that contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data.
Not perform any vulnerability, penetration or similar testing of Our Services.
Not infringing Mistral AI’s Intellectual Property. Subject to applicable law, You must:
Not remove or otherwise obscure any copyright or proprietary notices on the Services, including but not limited to Our brands, trademarks or any other copyright notice.
Not bypass, attempt to bypass, alter, disable or in any way interfere with the digital rights management measures that may be integrated to the Services. You acknowledge that these protection mechanisms are essential for safeguarding the intellectual property and security of the Services.
Not incorporate Our Services into Your products and/or services, unless otherwise stated.
Not extract, by permanent or temporary transfer, all or part of the contents of Our Services, by any means and under any form whatsoever, including by scraping, except as otherwise authorized under the terms of this Agreement.
Not merge or combine the Services with any software, programme or technology, except as otherwise authorized under the terms of this Agreement..
Not copy, reproduce, transcode, adapt, translate, arrange, modify or create any derivative works of the Services except as expressly authorized by applicable law.
Not seek to reverse engineer or reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to any Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Us).
Not grant a license, sub-licence or access to or sell, lend, lease or distribute, in any form whatsoever, the Services to third parties without the prior written authorization of Mistral AI.
Not make the Services accessible to third parties, unless otherwise stated.
Not use Outputs to reverse-engineer Our Services.
Third parties. You shall not encourage or assist any other User or third party in doing anything that is strictly prohibited under this Agreement.
Obligations specific to Professional Users. When using the Services, You must:
- Comply with the Applicable Data Protection Law. In particular, the Professional User, as Data Controller, is responsible for:
- Providing any person whose Personal Data is processed by the Professional User with the information required under the Applicable Data Protection Law, including the information required by Article 13 and 14 of the GDPR,
- Ensuring that the Professional User and/or Authorized Users have obtained all the necessary consents and authorizations with respect to the Applicable Data Protection Law to process Personal Data when using the Services, including but not limited to any consent related to the User Data, and
- Providing the Authorized Users with any guidance relating to the processing of Personal Data when using the Services.
- Provide vide a disclaimer to any individual accessing an Output or using the Services. Such disclaimer should highlight the potential inaccuracies and unpredictabilities in the Outputs and encourage individuals to check important information,
- Document the use of the Services as deployer of the Models, to the extent that such documentation is required by the applicable law, including but not limited to (i) the Professional User’s use case, (ii) the transparency measures implemented by the Customer, (iii) the evaluation process of the Services, (iv) an assessment of the risks of the Services in relation to the use-case and steps taken to mitigate those risks and (v) post-deployment monitoring and safeguards;
- Supervise the Authorized Users’ use of the Services. To this end, the Professional User agrees that the Professional User is solely responsible for:
- Ensuring that all individual users, including the Authorized Users, are contractually bound to terms and conditions with the Professional User that are as protective of
- Mistral AI’s rights as outlined in this Agreement,
- Informing the Authorized Users about the proper use of the Services, including the guidelines, restrictions and usage limitations, and
- Providing adequate training and educational resources to the Authorized Users, ensuring their understanding of the Services proper and responsible use, as well as compliance with the specified terms.
9. Our obligations
General obligations. Subject to Your compliance with this Agreement and to the applicable Terms of Service, Mistral AI will use commercially reasonable efforts to make the Services accessible 24 hours a day, 7 days a week. However, Mistral AI reserves the right to suspend the availability of all or part of the Services (a) in case of a Force Majeure Event (as defined in Section 14 of these Terms of Use), (b) for maintenance purposes, including but not limited to, to fix anomalies, bugs or errors, to launch new or improved features or Services, or to address immediate security concerns. Unless otherwise stated, Mistral AI is not under an absolute obligation of any kind. Mistral AI shall not be held responsible for any disruptions, interruptions and/or anomalies that are not of its making and that affect, for example, transmissions via the Internet network and more generally via the communication network, whatever the extent and duration. Mistral AI reserves the right to make available a new Model, discontinue the availability of a Model, or change the performances of a Model, without prior notice to Customers, even if Mistral will do its best efforts to warn Customers in advance in case of discontinuation of a Model.
Security. Mistral AI will use commercially reasonable efforts to implement and maintain reasonable security measures to prevent unauthorized access to the Services, as well as fraudulent destruction, loss, or alteration of data. These security measures may include, but are not limited to, the use of firewalls, encryption, strict access controls, regular backups, and security protocols compliant with good industry standards.
Illicit content. You have the availability to report to Mistral AI any Output and/or User Data that (a) incites hate, violence, or discrimination against individuals based on their origin, ethnicity, religion, gender, sexual orientation, etc. (b) glorifies sexual harassment, (c) violates human dignity (e.g., human trafficking or pimping), (d) glorifies crimes against humanity or denying their existence, (e) incites terrorism, (f) glorifies very serious crimes against individuals (e.g., murder or sexual assault) (g) glorifies crimes involving theft, extortion, or material damage posing a danger to individuals (h) are of a pedophilic nature (i) are dangerous for minors. You can report such content by using the report feature on the Platform and/or by sending an email at support@mistral.ai. You grant Us the right to access the reported content to improve Our Services (e.g. to help Us make sure that the Model does not generate illicit content). This right is granted worldwide and for the duration of the intellectual property rights under applicable law. You must delete such content using the applicable feature on the Platform.
10. Intellectual Property
10.1. License to use the Services
Right to use. Mistral AI grants You a worldwide, revocable, non-exclusive, non-sublicensable, non-transferable right to use the Services for the term of this Agreement, in compliance with this Agreement and the applicable law. This right to use the Services is subject to the restrictions set out (a) in the Terms of Service and (b) in Section 8 (Your Obligations) of these Terms of Use.
Mistral AI Intellectual Property. Mistral AI has and retains all right, title and interest, including all intellectual property rights, in and to the Platform and/or the Free Services, including but not limited to the Model(s). No rights are granted to You, except as expressly set forth in this Agreement. All rights and licenses granted under this Agreement shall terminate when the applicable Agreement and/or the applicable Terms of Service terminates.
10.2. Intellectual property
Your intellectual property. You remain the sole owner of all right, title and interest, including all intellectual property rights in and to Your User Data.
Mistral AI’s Intellectual Property. Mistral AI remains the sole owner of all right, title and interest, including all intellectual property rights in and to Mistral AI’s Intellectual Property, including but not limited to the Model(s), the Documentation and the Services. The Services are made available on a limited access basis, and no ownership right is conveyed to the Customer, irrespective of the use of terms such as “purchase” or “Subscription”. Any representation or reproduction, in whole or in part, of the Services, by any process whatsoever, without Mistral AI’s prior express authorisation, is strictly prohibited and will constitute an infringement punishable by the provisions of the applicable law.
11. Warranties and indemnification
11.1. Mistral AI warranties
Services provided “as is”. The Services are provided to You “as is”. To the extent permitted by applicable law, Mistral AI makes no representations or warranties regarding the accuracy, reliability, or completeness of the Services or their suitability for Your specific requirements or use-case. Without limiting Mistral AI’s express obligations under this Agreement, Mistral AI does not warrant that Your use of the Services will increase Your revenues, be error-free, uninterrupted or that Mistral AI will review Your User Data for accuracy. You acknowledge and agree that any use of the Services is at Your own risk, and Mistral AI shall not be liable for any Losses arising from Your misuse, unauthorized or unlawful to use the ServicesPlatform and/or the Free Services, or from the non- suitability of the ServicesPlatform and/or the Free Services to Your specific requirements or use-case, including but not limited to direct, indirect, incidental, consequential, or punitive damages.
Mistral AI Warranties. Mistral AI warrants that:
- The Services comply with the Applicable Data Protection Law, and
- Mistral AI has the rights to all the intellectual property made accessible to You in the context of this Agreement.
11.2. The Customer’s warranties
You represent and warrants that:
- You have the authority to enter into this Agreement, and
- You will use the Services in accordance with the applicable laws and regulations and this Agreement and that the Customer will not use the Services to commit illegal acts, including in particular to harm third parties.
11.3. Indemnification
Indemnification by Mistral AI. Mistral AI shall indemnify, defend, and hold the Customer harmless against any liabilities, damages and costs (including reasonable attorneys’ fees) payable to a third party arising out of a third party claim alleging that the Services infringe any third party intellectual property right. Mistral AI shall not indemnify the Customer for any claim arising from or related to:
- The combination of the Services with Customer or third-party software (including but not limited to the Customer Application), hardware or any other equipment not provided by Mistral AI,
- Modification of the Services by any party other than Mistral AI,
- The Customer’s User Data,
- The Customer’s breach of this Agreement, or
- The Customer’s failure to comply with the applicable laws and regulations.
To the extent permitted by applicable law, the liability cap set out in Section (Liability) of these Terms of Use shall apply to the indemnification obligations under this Section.
Indemnification by the Customer. The Customer agrees to indemnify, defend, and hold Mistral AI and its affiliates and licensors harmless against any liabilities, damages, and costs (including reasonable attorneys’ fees) payable to a third party arising out of a third party claim related to (a) the use of the Services in violation of this Agreement, (b) the Customer Application (if any), or (c) the User Data. Nothing in this Agreement should limit the Customer’s obligation to indemnify Mistral AI of such a claim in case of unauthorized use of the Services by the Customer or the Authorized User.
Indemnification Procedure. The indemnification obligations this section of these Terms of Service are subject to the indemnifying Party (a) receiving a prompt written notice of such claim ; (b) being granted the exclusive right to control and direct (including the authority to elect legal counsel) the investigation, defense or settlement strategy of such claim and (c) benefitting from all reasonable necessary cooperation and assistance, including access to the relevant information, by the indemnified Party at the indemnifying Party’s expense. Mistral AI shall consult Customer before entering into any settlement or compromise of any claim, and shall take into account all reasonable comments from Customer.
Remedies. The remedies in this section are the sole and exclusive remedies for any third-party claim that the Services, the Customer Application or the User Data infringe intellectual property rights.
12. Liability
12.1. Disclaimer
Disclaimer. To the extent permitted by applicable law, Mistral AI will not be liable:
- In case of a Force Majeure Event (as defined in Section 14 of these Terms of Use),
- In case of temporary unavailability of the Services (a) for maintenance purposes, including but not limited to, to fix anomalies, bugs or errors, to launch new or improved features or Services, or to address immediate security concerns, or (b) in case We suspended Your Account,
- In relation to third-party content or websites linked or referred to on the Platform,
- For any cause not attributable to Mistral AI,
- For Your use of Your User Data,
- When You share Your Conversations with third-parties,
- For your breach of this Agreement,
- For the performance of the Model and/or the Customized Model in case You Customized, Fine-Tuned or otherwise modified the Model,
- In case Your Output is similar or identical to another User’s Outputs,
- For any loss of profits, income, revenue, business opportunities, loss or corruption of data or information,
- For any failure to realize expected revenues or savings, loss or damage to goodwill, pure economic loss or other economic or pecuniary loss (regardless of whether any of these type of loss or damage are direct, indirect, special or consequential), or
- For any indirect, special, incidental, punitive, exemplary, incidental or consequential damages of any kind, even if informed of the possibility of such damages in advance.
12.2. Limitation of liability
Liability Cap for Free Services. To the extent permitted by law and subject to the applicable Terms of Service, in no event will Our total aggregate liability in connection with or under the Free Services, or Your use of or inability to use the Free services, exceed 100 euros.
Liability Cap for Paid Services. To the extent permitted by law, the total aggregate liability of Mistral AI in respect of any Losses incurred by the Customer under or in relation to this Agreement will not exceed, in the aggregate, the lower of (i) the amount of the Fees paid or payable by the Customer in the twelve (12) calendar months preceding the date on which the first such event or events occurred or (ii) 10.000 euros.
Multiple claims. The existence of one or more claims under this Agreement will not increase the above mentioned liability caps. You agree that any Losses or claim You may have under this Agreement can only be recovered once and any such claim will exhaust all and any other claims that might otherwise arise against Mistral AI in relation to which the Customer has been compensated or otherwise reimbursed.
Legal action. You agree that the limitations specified in this section apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise.
13. Term, suspension and termination
13.1. Duration
This Agreement will commence on the Effective Date and continue for an indefinite period of time, until terminated by either Party.
13.2. Suspension of Your Account
Suspension. We reserve the right to suspend Your Account and/or Your access to all or part of the Services in case of:
Your breach of this Agreement,
Late payment or non-payment of the applicable fees (if any),
Immediate security concerns.
Notification. We will notify You of the suspension and the reasons for such suspension seven (7) days prior to the suspension taking effect, except in the event of a serious breach by You of this Agreement or an immediate security concern, in which case the suspension will take effect with shorter notice.
Effects of the suspension. During the suspension, all rights and permissions granted to You under this Agreement will be suspended and You will not be able to access or use Our Services.
Remediation. You shall have a period of thirty (30) days to remedy the breach notified by Mistral AI and to notify Mistral AI accordingly. Failing that, Mistral AI reserves the right to terminate this Agreement for cause immediately, without further notice. Termination will be effective at the end of this thirty (30) days period.
13.3. Termination
Termination for convenience. You may terminate this Agreement at any time by sending an email to support@mistral.ai.
- If You subscribed to Free Services: termination shall become effective immediately.
- If You subscribed to Paid Services: termination shall become effective at the end of the then-current Billing Cycle. Upon any such termination (i) You will not be entitled to a refund of any pre-paid Fees and (ii) if You have not already paid all applicable Fees for the then-current Billing Cycle, any such Fees that are outstanding will become immediately due and payable.
Termination for cause. Either Party may terminate this Agreement if the other Party fails to cure a material breach of this Agreement and/or any relevant Purchase Order within thirty (30) days after notice of such breach, provided that such breach is remediable. For illustrative purposes, any of the following breaches by either Party shall be considered a material breach of this Agreement (a) any unauthorized use of the Services and/or, (b) failure to pay any amounts due under this Agreement.
Effects of termination. Upon termination or expiration of this Agreement, (i) You will no longer have access to the Services, (ii) You must pay any outstanding Fees to Mistral AI. Termination or expiry of this Agreement, for any reason whatsoever, shall not entitle You to a refund of any previously paid Fees or charges for the Services, unless expressly agreed upon by both Parties in writing. Termination or expiry of this Agreement will not automatically result in the deletion of Your Account or the Authorized Users’ Accounts. Subject to having paid any outstanding amounts to Mistral AI, You may delete Your Account after the termination of this Agreement, by using the applicable feature on the Platform.
Survival. All payment obligations incurred during the term of this Agreement and the following Sections shall survive the expiration or termination of these Terms of Use: Section 12 (Liability), Section 10 (Intellectual Property), Section 13 (Term, Suspension, Termination), Section 18 (Dispute resolutions and applicable law).
14. Personal Data
14.1. Mistral AI Data Controller
Mistral AI processes Your Personal Data as Data Controller for the purposes of (a) providing the Services (b) commercially managing this Agreement, (c) billing and (d) marketing operations. If You want to know more about the way We process Your Personal Data and how you can exercise Your rights, please refer to our Privacy Policy.
14.1. Mistral AI Data Processor
Mistral AI may process Personal Data on behalf of the Professional Customer, as Data Processor. In such the latter case, the [Mistral Data Processing Agreement] shall apply between the Parties.
14.3. Marketplace
Where the Customer subscribes to the Services through a Marketplace, Mistral AI only processes Personal Data for the purpose of providing Customer or Technical Support services to the Customer.
15. Provisions that only apply to Consumers
Scope. This section applies to any Customer who is acting for purposes which are outside their trade, business, craft or profession (the “Consumer”). In case of any discrepancies between the rest of this Agreement and this Section, this Section will prevail.
15.1. Right of withdrawal (“Droit de rétractation”)
By accepting these Terms of Use and utilizing the Paid Services:
- The Consumer acknowledges that the Paid Services will be provided before the expiration of the withdrawal period of fourteen (14) days from the Consumer’s acceptance of this Agreement, and
- The Consumer expressly waives its right of withdrawal.
Mistral AI will send to the Consumer a confirmation of the Consumer’s waiver of its right of withdrawal along with the confirmation of the Consumer’s Subscription under Section 4.3. (Subscription to the Services) of these Terms of Use.
15.2. Legal warranties
Along with any commercial warranty provided to the Consumer under this Agreement, the Consumer also benefits from the legal warranty of compliance in the conditions set forth in Exhibit 1 of these Terms of Use.
15.3 Upgrades {upgrades.unnumbered}
Upgrades necessary to maintain the compliance of the Services. Mistral AI will inform the Consumer of any Upgrades necessary to maintain the compliance of the Services during the Subscription Period. Mistral AI will notify the Consumer of the availability of Upgrades and the consequences of their non-installation for the Consumer. Mistral AI shall not be held liable for any non-compliance related issues when the Consumer fails to install, within a reasonable timeframe, the necessary Upgrades to maintain the Services’ compliance.
Upgrades not necessary to maintain the compliance of the Services. Mistral AI may propose Upgrades that are not necessary to maintain the compliance of the Services. In such cases, Mistral AI will inform the Consumer in advance and through a durable medium about the planned Upgrades and their implementation date. Any Upgrades performed will be conducted without additional costs to the Consumer. The Consumer may refuse the aforementioned Upgrade. In this event, the Consumer has the right to terminate this Agreement without charges (unless the Upgrade has minor implications for the Consumer or if, without this Upgrade, the Services remain compliant).
16. Changes to these Terms of Use
Non-substantial modifications. We reserve the right to modify these Terms of Use at any time.
Substantial modification. In the event of any substantial modifications to these Terms of Use, we will notify You of such modifications no later than thirty (30) days prior to the effective date of such modifications at the email address You provided upon registration. If You do not agree with such substantial modifications, You may terminate this Service Agreement in compliance with Section 13 (Term, Suspension and Termination) of these Terms of Use.
17. General provisions
Non waiver. The fact that either of the Parties does not claim application of any clause whatever of this Agreement or condones its non-performance, shall not be construed as a waiver by that Party to the rights stemming for it from said clause. A waiver of any right or remedy under this Agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
Severance. If a court or any other competent authority finds any provision of this Agreement (or part of any provision) to be invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of this Agreement shall not be affected. If any invalid, unenforceable or illegal provision of this Agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
No-partnership. Nothing in this Agreement is intended to, or shall be deemed to constitute a partnership or joint venture of any kind between any of the Parties, nor constitute any Party the agent of another Party for any purpose. No Party shall have authority to act as agent for, or to bind, the other party in any way. Neither the User nor Mistral AI will suggest or claim any sponsorship, endorsement or affiliation with the other party, unless such a relationship is governed by a separate agreement.
Entire Agreement. This Agreement is the entire agreement between the Parties relating to the Services, and any other subject matter covered by this Agreement and supersedes all prior or contemporaneous oral or written communications, proposals and representations between the Parties, with respect to the Services or any other subject matter covered by the Agreement.
Force Majeure. Neither Party will be liable to the other for any delay or failure to perform any obligation under these Terms if the delay or failure is due to events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency (the “Force Majeure Event”).
18. Dispute resolution and applicable law
18.1. Applicable Law
This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of France.
18.2. Dispute resolution
18.2.1. Amicable resolution
General principle. In the event of any controversy or claim arising out of or relating to this Agreement, the Parties will consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both Parties.
You are a Consumer. Where the User is located within the European Union, the User may contact:
- Our mediation service, the CMAP, by mail at Centre de Médiation et d’Arbitrage de Paris, 39 avenue Franklin D. Roosevelt, 75008 PARIS or by email at cmap@cmap.fr.
- Or the european platform for the online settlement of disputes accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?e
Our mediation service, the CMAP, by mail at Centre de Médiation et d’Arbitrage de Paris, 39 avenue Franklin D. Roosevelt, 75008 PARIS or by email at cmap@cmap.fr.
Or the european platform for the online settlement of disputes accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
You agree that the mediation process is not mandatory and that Either Party may withdraw from such mediation process at any time.
- Where the User is not located within the European Union, the User may contact Mistral AI directly at support@mistral.ai.
You are a business. If the Parties do not reach settlement within a period of sixty (60) days, either Party may escalate the controversy or to the senior executives or both Parties (the “Executives”). The Executives shall then promptly engage in discussions and negotiations to seek a mutually agreeable resolution in the best interest of both Parties.
18.2.2. Competent jurisdiction
General Principle. If the Parties do not reach an amicable settlement, each Party may pursue relief as may be available under this Agreement. All negotiations pursuant to this section will be considered confidential information and shall not be shared with any third parties without the disclosing Party’s prior written consent even after the termination and/or expiration of this Agreement.
Where the User is located in France, the Parties agree that the courts of Paris, France shall have exclusive jurisdiction over any disputes arising out of or in connection with this Agreement or its subject matter or formation.
Where the User is not located in France, all disputes arising out of or in connection with this Agreement or its subject matter or formation shall be finally settled under the rules of arbitration of the international chamber of commerce (the “ICC”) by one arbitrator appointed in accordance with the said rules. The arbitration proceedings shall take place exclusively at the ICC headquarters in Paris, France. The appointed arbitrator shall adjudicate the dispute in accordance with the applicable law.
EXHIBIT 1 - Legal warranty applicable to french customers acting as Consumers Le consommateur a droit à la mise en œuvre de la garantie légale de conformité en cas d’apparition d’un défaut de conformité durant la période de la fourniture du contenu numérique ou du service numérique. Durant ce délai, le consommateur n’est tenu d’établir que l’existence du défaut de conformité et non la date d’apparition de celui-ci. La garantie légale de conformité emporte obligation de fournir toutes les mises à jour nécessaires au maintien de la conformité du contenu numérique ou du service numérique durant la durée d’enregistrement du compte du consommateur sur la plateforme. La garantie légale de conformité donne au consommateur droit à la mise en conformité du contenu numérique ou du service numérique sans retard injustifié suivant sa demande, sans frais et sans inconvénient majeur pour lui. Le consommateur peut obtenir une réduction du prix en conservant le contenu numérique ou le service numérique, ou il peut mettre fin au contrat en se faisant rembourser intégralement contre renoncement au contenu numérique ou au service numérique, si : 1° Le professionnel refuse de mettre le contenu numérique ou le service numérique en conformité ; 2° La mise en conformité du contenu numérique ou du service numérique est retardée de manière injustifiée ; 3° La mise en conformité du contenu numérique ou du service numérique ne peut intervenir sans frais imposés au consommateur ; 4° La mise en conformité du contenu numérique ou du service numérique occasionne un inconvénient majeur pour le consommateur ; 5° La non-conformité du contenu numérique ou du service numérique persiste en dépit de la tentative de mise en conformité du professionnel restée infructueuse. Le consommateur a également droit à une réduction du prix ou à la résolution du contrat lorsque le défaut de conformité est si grave qu’il justifie que la réduction du prix ou la résolution du contrat soit immédiate. Le consommateur n’est alors pas tenu de demander la mise en conformité du contenu numérique ou du service numérique au préalable. Dans les cas où le défaut de conformité est mineur, le consommateur n’a droit à l’annulation du contrat que si le contrat ne prévoit pas le paiement d’un prix. Toute période d’indisponibilité du contenu numérique ou du service numérique en vue de sa remise en conformité suspend la garantie qui restait à courir jusqu’à la fourniture du contenu numérique ou du service numérique de nouveau conforme. Ces droits résultent de l’application des articles L. 224-25-1 à L. 224-25-31 du code de la consommation. Le professionnel qui fait obstacle de mauvaise foi à la mise en œuvre de la garantie légale de conformité encourt une amende civile d’un montant maximal de 300 000 euros, qui peut être porté jusqu’à 10 % du chiffre d’affaires moyen annuel (article L. 242-18-1 du code de la consommation). Le consommateur bénéficie également de la garantie légale des vices cachés en application des articles 1641 à 1649 du code civil, pendant une durée de deux ans à compter de la découverte du défaut. Cette garantie donne droit à une réduction de prix si le contenu numérique ou le service numérique est conservé, ou à un remboursement intégral contre renonciation au contenu numérique ou au service numérique.