Effective 6 February 2025 

Welcome to Mistral AI! We provide technology and services that enable access to and use of Mistral AI’s artificial intelligence models. These Terms of Service (these “Terms”) govern your use of La Plateforme, Le Chat, and the other websites, products, services, and technologies we offer (the “Services”), except where we expressly state that other terms apply (we refer to those other terms as “Additional Terms”).

The Services 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 ("Mistral AI" or "us").

We encourage you to read and understand these Terms because by clicking on “I agree” (or any similar button or checkbox) at the time you sign up for a Service or by accessing or using any of the Services, you are agreeing to these Terms (including all applicable Additional Terms), which constitute an agreement between you and Mistral AI.

1. Accessing the Services

Age requirements. You must be at least thirteen (13) years old to use the Services. You must have parental or legal guardian permission if you are a minor creating a Mistral AI account. We will delete any Mistral AI found to violate these requirements.

Mistral AI accounts. Some Services require a Mistral AI account. You must provide complete and accurate account information and promptly update your account if any of your information changes. Your account is intended for your individual use only and you may not share your account with any other person. You are responsible for any activities conducted through your account, including activities of any end user provisioned with an account under your account (“End User Account”), whether or not those activities were actually conducted by you. You may not make account access credentials available to third parties, share individual login credentials between multiple users on an account, or resell or lease access to your account or any End User Account. You must promptly notify us at support@mistral.ai or through the Help Center in the event you detect any unauthorized or fraudulent access or use of your account.

Admin accounts. If you have an admin account, you will have access to additional features, such as (a) adding authorized users to your workspace either by invitation or automatically, through the domain of their email address, (b) managing accounts within your workspace, and (c) managing features for the authorized users of your workspace.

2. Using the Services

Our Services. We grant you a non-exclusive right to access and use the Services only in compliance with these Terms, any applicable Additional Terms, all applicable laws and regulations, and any other documentation, guidelines, or policies we make available to you, including our Usage Policy. Certain Services are only available if you have a paid subscription. Some Services may be subject to certain restrictions, such as formatting or size restrictions, or rate limits. Any such restrictions can be found in the applicable documentation or on our platform. The different subscription plans applicable to the Services are described on our platform.

Restrictions. We own all right, title, and interest in and to the Services. You only receive rights to use the Services as explicitly granted in these Terms and any applicable Additional Terms. You will not, and will not permit any other person to:

(a) Use the Services or Your Data in a manner that violates any applicable laws (including trade laws, and sanctions and export control laws), these Terms (including any Additional Terms), or any of our policies;

(b) Use the Services or Your Data in a manner that infringes, misappropriates, or otherwise violates any third party’s rights, including intentionally using the Services to generate Outputs that infringe third party rights; (c) Send us any personal information of children under 13 or the applicable age of digital consent or allow minors to use the Services without consent from their parent or guardian;

(d) Reverse assemble, reverse compile, decompile, translate, engage in model extraction or stealing attacks, or otherwise attempt to discover the source code or underlying components of the Services, algorithms, and systems of the Services (except to the extent these restrictions are contrary to applicable law);

(e) Use the Output or any modified version of the Output to reverse engineer the Services; 

(f) Compromise the security or proper functionality of the Services, including interfering with, circumventing, or bypassing security or moderation mechanisms in the Services or performing any vulnerability, penetration, or similar testing of the Services;

(g) Use any method to extract any content from the Services other than as permitted through the Services;or 

(h) Buy, sell, or transfer API keys or Service accounts from, to or with a third party.

Third-Party Services. You may connect services provided by third-parties (the "Third-Party Services") to our Services. By enabling these connections, you grant our Services permission to access the Third-Party Services and retrieve the necessary data to use as Inputs to generate Outputs. You warrant and represent that you have all necessary rights, licenses, and permissions to connect these Third-Party Services with our Services. The use of Third-Party Services is subject to their respective terms and conditions, and you are solely responsible for complying with these terms. We are not liable for any disruptions, data loss, or issues arising from your use of Third-Party Services. You acknowledge and agree that Third Party Services are not Services and, accordingly, we are not responsible for them.

3. Your Data

Your Data. You and your authorized users may provide input to the Services, such as prompts or fine-tuning data (“Input”), and receive output from the Services based on such Input (“Output”). We refer to Input and Output collectively as “Your Data”. For clarity, any third-party content displayed on Le Chat to help you understand the Output, such as hyperlinks, snippets or thumbnails, for which you are only granted a right to view and read (the “Third-Party Content”) do not constitute Output. To the extent permitted by applicable law, you (i) retain all ownership rights in Input and (ii) own all Output. We assign to you all right, title, and interest, if any, in and to Output that we may have.

Responsibility for Your Data. You are responsible for all Input and represent and warrant that you have all rights, licenses, and permissions required to provide Input to the Services. You are solely responsible for all use of the Outputs and evaluating the Output for accuracy and appropriateness for your use case. You must also not represent that the Output was generated by a human when it was generated by the Services. We may also provide Output filters for certain Services. If you deactivate these filters, you are solely responsible for the Output that is generated.

How we use Your Data. We use and store Your Data in accordance with the Additional Terms for the applicable Service and our Privacy Policy.

Similarity of Output. Due to the nature of the Services, your Output may be similar or identical to the response generated for another user of the Services. We provide no guarantees that your Output will be unique. Any responses generated for other users by the Service are not considered your Output even if similar or identical to your Output.

Illegal content. You have the availability to report to us any of Your Data or Third-Party Content that violate our Usage Policy or (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) constitute child abuse sexual material, or (i) are dangerous for minors. You can report such content by using the report feature on the Services and/or by sending an email at support@mistral.ai. You grant us the right to access the reported content to improve the Services (e.g., to help us make sure that the Services do not generate such illegal content again). This right is granted worldwide and for the duration of the intellectual property rights under applicable law. Where applicable, you must delete such content using the applicable feature on the Services.

4. Warranties; Disclaimer

Our Warranties. We warrant that, when used in accordance with these Terms and the applicable Additional Terms, the Services will conform in all material respects with the documentation we provide to you or otherwise make publicly available.

Your Warranties. You warrant that (a) you have the authority to enter into and accept these Terms and (b) you and your authorized users (if any) will use the Services in accordance with the applicable laws and regulations and these Terms.

Disclaimer. EXCEPT FOR THE WARRANTIES IN THIS SECTION 4 (WARRANTIES; DISCLAIMER), THE SERVICES ARE PROVIDED “AS IS” AND WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, NONINFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE. WE MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, SECURE, OR BE SUITABLE FOR YOUR SPECIFIC PURPOSES OR USE-CASES, (II) THAT DEFECTS WILL BE CORRECTED, OR (III) THAT YOUR DATA WILL BE ACCURATE.

5. Indemnification

By you. You will indemnify, defend, and hold us and our affiliates, service providers, 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 (i) the use of the Services in violation of these Terms (including violation of applicable Additional Terms or our policies), (ii) any of your products or services that you make available to end-users in connection with the Services or Outputs (“Your Offerings”) (if any), or (iii) Your Data.

By us. We will indemnify and defend you for any damages finally awarded by a court of competent jurisdiction and any settlement amounts payable to a third party arising out of a third party claim alleging that the Services infringe any third party intellectual property right. This excludes claims to the extent arising from: (i) combination of any Services with products, services, or software not provided by us or on our behalf (including Your Offerings), (ii) fine-tuning, customization, or modification of the Services by any party other than us, (iii) the Input, including any training or fine-tuning data you provide to us, (iv) your modification of the Output, (v) your failure to comply with these Terms (including applicable Additional Terms) or applicable laws, regulations, or industry standards, (vi) your use of the Services or Your Data in a manner that you knew, or reasonably should have known, was likely to violate third party rights or applicable laws or regulations, (vii) Your Offerings (if the claim would not have arisen but for Your Offerings), or (viii) any Services made available to you for beta testing purposes.

Indemnification Procedure. The indemnification obligations this Section 5 (Indemnification) are subject to the indemnifying party (i) receiving a prompt written notice of such claim from the party seeking indemnification; (ii) having sole control of defense and settlement of the claim (provided that the party seeking indemnification may participate in its own defense at its sole expense), and (iii) the party seeking indemnification providing all reasonable necessary cooperation and assistance, including preserving and sharing relevant information. The indemnifying party cannot enter into any settlement or compromise of any claim without prior written consent of the other party, which will not be unreasonably withheld, except that the indemnifying party may without consent enter into any settlement of a claim that resolves the claim without liability to the other party, impairment to any of the other party’s rights, or requiring the other party to make any admission of liability.

Remedies. The remedies in this Section 5 (Indemnification) are the sole and exclusive remedies for any third-party claim that the Services or Your Data infringe intellectual property rights.

6. Liability

Limitation of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES, EMPLOYEES, SHAREHOLDERS, LICENSORS, AGENTS, SUPPLIERS, OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS AND ANY APPLICABLE ADDITIONAL TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR 100 EUROS. THE LIMITATIONS IN THIS SECTION 6 (LIABILITY) APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

7. Term, Suspension, and Termination

Term. These Terms will commence on the earlier of (i) the date you first use the Services or (ii) the date you accept these Terms, and will continue until terminated.

Termination or suspension. We reserve the right to suspend or terminate your account and/or your access to all or part of the Services if: (i) you breach these Terms (including any applicable Additional Terms) or our policies (including our Usage Policy), (ii) you fail to pay any fees when due (iii), we need to do so in order to comply with applicable law, or (iv) your continued use of the Services could cause risk or harm to Mistral AI, our users, or anyone else. If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting us via support@mistral.ai.

Requests to terminate. You can delete your account at any time by using the feature available on your account or, if unavailable, via our Help Center accessible on your account.

Effects of termination. Termination or expiration will not affect any rights or obligations, including the payment of amounts due, which have accrued under these Terms (or any applicable Additional Terms) up to the date of termination or expiration. Upon termination or expiration of these Terms, the provisions of these Terms (or any applicable Additional Terms) that are intended by their nature to survive termination will survive and continue in full force and effect in accordance with their terms, including confidentiality obligations, payment obligations, limitations of liability, and disclaimers.

8. Privacy

Privacy Policy. We process your personal data as data controller for the purposes of (a) providing the Services (unless you are using our Services on behalf of your business) and (b) managing your relationship with us in accordance with these Terms, including any billing, payment, or marketing activities. For clarity, our Privacy Policy explains how we collect and use personal information.

Processing personal data. If you use the Services to process personal data on behalf of your business you must (a) provide legally adequate privacy notices and obtain necessary consents for the processing of personal data by the Services, (b) process personal data in accordance with applicable law, and (c) execute our Data Processing Agreement.

9. Changes to these Terms or the Services

Updates to these Terms. We may update these Terms, the Additional Terms, our Usage Policy or our Services (including our models) from time to time. Some reasons why we might make changes to these Terms or the Services include: (a) Changes that we make to the Services, including to introduce new features or functionality or improve Service quality. (b) Changes to the law or regulatory requirements that apply to us or the Services;or (c) Security or safety reasons.

Notice. We will give you at least 30 days advance notice of changes to these Terms (including any applicable Additional Terms) that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them. If you do not agree to the changes, you must stop using our Services.

10. General

Assignment. You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.

Force Majeure. Neither party will be liable to the other for any delay or failure to perform any obligation under these Terms (except for a failure to pay fees) if such delay or failure is due to unforeseen events beyond the reasonable control of such party.

Independent Contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created between the parties under these Terms. Neither party will have the power to bind the other or incur obligations on the other party’s behalf without the other party’s prior written consent.

No Third-Party Rights. There are no third-party beneficiaries to these Terms.

Waivers. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or of any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

Entire Agreement; severability. Unless otherwise agreed in writing between you and Mistral AI, these Terms, including our Usage Policy and any applicable Additional Terms, constitute the entire agreement between you and us concerning the Services. Any statements or comments made between you and any of our employees or representatives are expressly excluded from these Terms and will not apply to you or us, or to your access to or use of the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.

Governing law and venue.

(a) Unless you are located in the United States, the laws of France will govern all disputes arising out of or relating to these Terms (including any applicable Additional Terms), or related Services, regardless of conflict of laws rules. These disputes will be resolved exclusively in the courts located in Paris, France, and you and Mistral AI consent to personal jurisdiction in those courts.

(b) If you are located in the United States, California law will govern all disputes arising out of or relating to these Terms (including any applicable Additional Terms), or related Services, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Mistral AI consent to personal jurisdiction in those courts.

Conflicts with Additional Terms. If these Terms conflict with any Additional Terms, the Additional Terms will govern for the applicable Service.

Support. Support for the Services is provided through the Help Center.

Effective 6 February 2025

These Additional Terms apply to any natural person residing in the European Union who is accessing or using the Services for purposes which are outside his trade, business, craft or profession (“Consumer”).

If you are a Consumer, the following terms apply to your use of the Services: (a) these Additional Terms for consumers residing in the European Union, (b) any applicable Additional Terms for the specific Service you are using, (c) our Usage Policy, and (d) the Terms of Service.

1. Cancellation of paid Services

1.1 Cancellation right

You have the right to cancel your subscription within fourteen (14) days from the date of your subscription (the “Cancellation Period”). After this Cancellation Period, your right to cancel will no longer apply. To exercise your right to cancel within the Cancellation Period, you must notify us of your decision to cancel before such period expires. You can do this by canceling your subscription directly through your account settings and reaching out to us at support@mistral.ai.

1.2 Model cancellation form

If you wish to cancel your subscription, you can use the following form:

To: Mistral AI, French limited joint-stock company, having its registered offices at 15 rue des Halles, 75001 Paris.

Subject: Cancellation Request

I hereby give notice that I cancel my contract for the provision of the following services [to be completed] ordered on [date].

First Name: Last Name: Email address used to process the order: Signature: Date:

2. Updates

2.1 Updates

In this Section 2 (Updates), “Updates” refers to any updates or modifications aimed at maintaining, adapting, or evolving the functionalities of the Services, including security updates, whether or not these updates are necessary to maintain the compliance of the services.

2.2 Updates necessary to maintain the compliance of the Services

We will inform you of any Updates necessary to maintain the compliance of the Services during the Term. We will notify you of the availability of Updates and the consequences of their non-installation for you. We shall not be held liable for any non-compliance related issues when you fail to install, within a reasonable timeframe, the necessary Updates to maintain the Services’ compliance.

2.3 Updates not necessary to maintain the compliance of the Services

We may propose Updates that are not necessary to maintain the compliance of the Services. In such cases, we will inform you of such Updates and their implementation date. You can refuse or de-install the Update if such Update has a negative impact on your access or use to our Services.

3. Legal warranty

3.1 Legal warranty

Along with any commercial warranty provided under these Terms or the applicable Additional Terms, Consumers residing in France also benefit from the following legal warranty:

“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."

4. Dispute resolution

If you are a consumer residing within the European Union, you have the right to start a mediation process in case of a dispute. 

To this end, you 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

You agree that the mediation process is not mandatory and that either party may withdraw from such mediation process at any time.

 

Effective 6 February 2025

Your payment for any Services is subject to our Terms of Service and these Additional Terms for paid Services.

Payment. To pay for any Services, you must provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You’re responsible for all applicable taxes, and we’ll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.

Cancellation. You can cancel your paid subscription at any time via your account or the Help Center. Payments are non-refundable, except where required by law or otherwise stated in these Additional Terms. These Additional Terms do not override any mandatory local laws regarding your cancellation rights.

Termination. You may terminate your account at any time by using the features available on the platform or, if unavailable, by contacting us through the Help Center. Prior to the termination of your account, you must pay all outstanding fees, including any unpaid invoices and other charges incurred up to the termination date.

Changes. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.

Effective as of February 6 2025

La Plateforme is our platform available at http://console.mistral.ai, that allows you to use and fine-tune our models through our APIs (the “APIs”), build and deploy agents using our models, and access a range of other complimentary services (“La Plateforme”).

Your use of La Plateforme is subject to our Terms of Service and these Additional Terms for La Plateforme.

1. Using our APIs

1.1 General provisions

Permitted Use. You, and any of your authorized users, may only use our APIs (i) for your own personal or internal business needs and (ii) to incorporate them in Your Offerings, in accordance with the Terms of Service, these Additional Terms and the applicable documentation.

API Key. We will provide you with a confidential API key (the “API Key”) to enable you to access our APIs. You must use your API Key in accordance with our documentation. You may not share your API Key with any third party without our prior written permission. Upon termination of your account, you must immediately delete your API Key.

API call limitations. We may limit the number of API calls you can make within a specific period. Any such limits may be based on factors including the expected usage volume for Your Offerings.

Third party services. Our APIs are compatible with the third party services listed on La Plateforme. To use a third party service, you must follow the instructions provided on La Plateforme. You acknowledge that we do not provide such third party services and are not responsible for any loss, damage, or claim arising out of or in relation with your use of a third party service on La Plateforme.

Rate limits. Your use of our APIs is subject to the rate limits specified on La Plateforme. If you reach these limits, your access to the Services will be temporarily suspended until the limits reset or you upgrade your subscription.

1.2 Using our Fine-Tuning API

The Fine-Tuning API. Our fine-tuning API allows you to fine-tune our models on La Plateforme using Your Data (the “Fine-Tuning API”). Upon completion of a fine-tuning job, you can use the fine-tuned model (the “Fine-Tuned Model”) on La Plateforme. For the avoidance of doubt, the Fine-Tuned Model does not constitute an Output. You are solely responsible for the fine-tuning process and the Input you used to fine-tune our models. We are not responsible for the performance of the Fine-Tuned Model or its Outputs. Your rights to access or use the Fine-Tuned Model will cease upon termination of your account. You can delete the Fine-Tuned Model from La Plateforme at any time.

Confidentiality. We will not use the Fine-Tuned Model except to provide it to you under these Terms. We will not disclose or distribute the Fine-Tuned Model to third parties without your consent, except for authorized transfers to our cloud-provider distributors.

2. Creating an agent

Agent creation. You can create an agent either through our Fine-Tuning API or through the agent builder feature on La Plateforme by following the instructions given on La Plateforme. Your rights to access or use your agent will cease after the termination of your account.

Sharing. You can share your agent with your authorized users in your workspace via our API or Le Chat, subject to your subscription plan. Any use of your agent on Le Chat is governed by the Additional Terms for Le Chat. By default, agents are shared with all of the authorized users in your workspace. You must set specific permissions to restrict access to your agents to specific authorized users.

Confidentiality. We will not use your agent except to provide it to you under these Terms. We will not disclose or distribute your agent to third parties without your consent.

Your responsibility. You are responsible for the creation and performance of your agent. Specifically, you must ensure that the name of your agent complies with applicable laws and the rights of third parties.

Deletion of your agent. You can delete your agent from La Plateforme at any time.

3. Your Data

Free Services. If you are using La Plateforme without a paid subscription, we use Your Data to (a) provide the Services, including to generate an Output based on your Input and to fine-tune a model with your Input, (b) monitor abuse, and (c) improve, enhance, or train our models or the Services. You grant us a non-exclusive, worldwide, royalty-free, irrevocable license to use Your Data for these purposes for the duration of your subscription to La Plateforme, except for the use of Your Data for training purposes where the license will continue for the applicable duration of the intellectual property rights.

Paid Services. If you are using La Plateforme under a paid subscription, we only use Your Data to (a) provide the Services, including to generate an Output based on your Input and fine-tune a model with your Input, and (b) monitor abuse. You grant us a non-exclusive, worldwide, royalty-free, irrevocable license to use Your Data for these purposes for the duration of your paid subscription on La Plateforme. For clarity, we do not use Your Data to improve, enhance, or train our models or the Services or for any other purpose than to provide the Services and to monitor abuse.

Zero data retention. Customers with legitimate reasons can request zero data retention. With this option, your Input and Output are processed only as long as necessary to generate the Output and are not retained further, except as required by law. To activate zero data retention, you must submit your request via our Help Center (available on your account) or support@mistral.ai. As part of this request, you must provide sufficient detail of your legitimate reasons for requesting zero data retention. We will review your request and, at our discretion, approve or deny the request.

Effective 6 February 2025

Le Chat is our chat interface that allows you to interact with our Services, including your agents. The features available on Le Chat and the applicable rate limits depend on your subscription plan. The available subscription plans are described on our platform. Your use of Le Chat is subject to our Terms of Service and these Additional Terms for Le Chat.

1. Using Le Chat

Permitted Use. You, and any of your authorized users, may only use Le Chat for your own personal purposes or your own internal business needs.

Restrictions. You may not integrate or combine Le Chat with Your Offerings or any other software, hardware, or other technology, nor grant any third party access to Le Chat without our prior written authorization.

Availability of Services on Le Chat. Certain Services are available on Le Chat depending on your subscription plan. Subscription plans are detailed on our platform.

Deactivation of Services. You can deactivate certain Services from Le Chat by using the feature available on your account or your workspace.

Rate Limits. Any use of Le Chat or any third party services that may be made available on Le Chat may be subject to the rate limits specified in the applicable documentation or our platform. If you reach these rate limits, your access to or use of Le Chat or the applicable third party service will be temporarily restricted or suspended until the rate limits reset or, if applicable, you subscribe to a subscription plan with a higher rate limit.

Sharing Conversation Links. Le Chat provides you with the ability to share unique links to conversations you have with Le Chat with others (each a “Conversation Link”). Conversations that are viewable via a Conversation Link will not include (a) your Mistral AI username (unless you expressly include it in the conversation), (b) any addition you make to the conversation after sharing it, or (c) any other conversation you may have with Le Chat. Anyone with the Conversation Link will be able to view your conversation, including any person with whom your intended recipient shares the Conversation Link. We do not monitor or control who accesses your conversations via Conversation Links that you create. As such, it is your responsibility to ensure that there is no information you are not comfortable sharing before sharing the Conversation Link, including personal information, confidential information, sensitive business information, or trade secrets.

Media Customers. In this section, “Media Customer” means any entity that disseminates information for editorial purposes on a regular basis and in a professional capacity, whether to the general public or to professionals, even if such activity is conducted by a specific department within the entity and constitutes only a part of its overall business activities. If You are a Media Customer, You are not authorized to use the news feature, such as the AFP news feature, on Le Chat for editorial use, and any use by You of such news feature may be automatically blocked. If you are a Media Customer and wish to use the news feature for editorial purposes, you must contact Mistral AI at legal@mistral.ai. Any unauthorized use of the news feature by a Media Customer will result in the immediate suspension of such Media Customer’s account.

2. Your Data

How we use Your Data. How we use Your Data depends on your subscription plan:

(a) If you use Le Chat Free, Le Chat Pro or Le Chat Student, we may use Your Data to train our artificial intelligence models, unless you opt-out of training by using the settings in your Mistral AI Account. You can opt-out at any moment by using the settings in your Mistral AI Account.  

(b) If you use other paid plans such as Le Chat Team, we only use Your Data to provide the Services and we do not use Your Data to train our artificial intelligence models, unless you opt-in through your account settings.

(c) In any case, if you provide Feedback to us by using the "thumbs up" or "thumbs down" buttons on Le Chat, we will use your Feedback and the associated Input and Output to improve the behavior of our artificial intelligence models. If you do not want us to use your Feedback to improve the behavior of our artificial intelligence models, please do not share your Feedback with us. 

Permission to use Your Data. You grant us a non-exclusive, worldwide, royalty-free, irrevocable license to use Your Data (a) to provide the Services you signed up for and for the duration of your subscription to Le Chat, and (b) to train our artificial intelligence models, for the duration of the applicable intellectual property rights in Your Data, unless (i) you have opted-out of training by using the settings in your Mistral AI Account or (ii) you use Le Chat Team and have not authorized us to use Your Data for training. 

Permission to Use Your Feedback. When you click “Thumbs Up” or “Thumbs Down” to rate an Output Data, your Input, your Output, and the rating you provide constitute your “Feedback”. You grant us a non-exclusive, worldwide, royalty-free, and irrevocable license to use your Feedback to improve the behavior of our artificial intelligence models for the duration of the applicable intellectual property rights in your Feedback. If you do not wish for us to use your Feedback to improve our models, you should not provide us with your Feedback.

Output restrictions. You may not use: (a) image Outputs to develop or train any competing image-generation service and (b) Outputs generated using our web-search feature to (i) copy, store, archive, cache or create a database of the Outputs, (ii) redistribute, resell, or sublicense the Outputs, (iii) as part of any machine learning or similar algorithmic activity, or (iv) to create, train, evaluate or improve Your Offerings.

Third-Party Content. When you use our web-search or news tools on Le Chat, you may receive (a) your Output, and (b) Third-Party Content in the form of additional resources such as hyperlinks, thumbnails, or snippets from third-parties to help you further explore or understand the Output. Such Third-Party Content does not constitute Your Data and you shall have no right to this Third-Party Content, other than viewing and reading it on Le Chat. For clarity, we do not use the Third-Party Content you provide in Your Input

Moderation. We reserve the right to monitor your use of Le Chat through automated means, in accordance with our Usage Policy. This monitoring is conducted to ensure compliance with our terms and policies, and to maintain the security and integrity of our Services.

Effective 6 February 2025

This data processing agreement (the “Data Processing Agreement” or the “DPA”) is entered into by and between you (the “Customer” or “you”) and Mistral AI as of the Effective Date. This DPA only applies if Customer is a business entity and uses the Services to process personal data on behalf of its business.

1. Definitions

For the purposes of this Data Processing Agreement:

(a) “Agreement” means the service agreement (including the Terms of Service and any applicable Additional Terms) entered into by and between the Parties, governing the provision of the Services by Mistral AI to the Customer. The DPA is hereby incorporated to the Agreement by reference.

(b) “Applicable Data Protection Law” means any applicable national, federal, EU, state, provincial or other privacy, data security, or data protection law or regulation, including, to the extent applicable, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable since 25 May 2018 (the “GDPR”).

(c) “Authorized Purpose” means the authorized purpose for the Processing as set out in Exhibit 1.

(d) “Customer Data” means (i) the input provided by Customer, Customer’s authorized users or Customer’s end-users (the “Input”), (ii) the output generated by the Services (the “Output”), and (iii) the feedback (if any) provided by Customer to evaluate the output generated by the Services by using the thumbs up or thumbs down feature on Le Chat (the “Feedback”).

(e) “International Data Transfer” means any transfer of Personal Data to a Restricted Country.

(f) “Processing” means the processing of Personal Data described in Exhibit 1.

(g) “Restricted Country” means any country located outside of the European Economic Area (EEA) and that does not benefit from an adequacy decision from the European Commission.

(h) “SCC” means the clauses annexed to the EU Commission Implementing Decision 2021/914 of June 4, 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to the GDPR.

(i) “Services” means the services provided by Mistral AI to the Customer under the Agreement.

(j) “Subprocessor” means any Processor appointed by Mistral AI to carry-out all or part of the Processing on behalf of the Customer.

The terms “Controller”, “Processor”, “Data Subjects”, “Personal Data”, “Personal Data Breach”, and “Supervisory Authority” as used in this Agreement will have the meanings in the Applicable Data Protection Law. The capitalized terms not defined herein shall have the meaning given in the Agreement.

2. Role of the Parties and description of the Processing

2.1 Role of the Parties

Customer is the Controller of the Processing. Mistral AI processes the Personal Data on behalf of Customer, as Processor, to provide the Services to Customer, solely for the Authorized Purpose.

2.2 Description of the Processing

A description of the Processing is available in Exhibit 1 of this DPA. Mistral AI may update the description of the Processing from time to time to reflect new Services, features, functionalities or Subprocessors.

2.3 Mistral AI as Controller

If Customer uses the Services under an unpaid subscription, or if Customer uses the Services under a paid subscription and has not opted-out of training through the features on its account, Customer authorizes Mistral AI to process the Personal Data, including Feedback, as Controller for the purpose of training, improving or enhancing its Services, including its artificial intelligence models. If Customer uses the paid Services and if such paid Services are not opted-out by default, Customer can opt-out of the training at any time by using the applicable setting on its account.

3. General obligations of the Parties

3.1 Mutual obligations of the Parties

Each Party shall comply with their respective obligations under the Applicable Data Protection Law and shall not, by any act or omission, cause the other to be in breach of any such obligations under the Applicable Data Protection Law.

3.2 Obligations of Mistral AI

Mistral AI shall:

• Process the Personal Data only (a) in accordance with the documented lawful instructions of Customer as set forth in this DPA, and (b) for no purpose other than the Authorized Purpose, unless required to do so by the applicable laws. In such a case, Mistral AI shall promptly inform Customer of such legal requirement, unless prohibited to do so by applicable law and/or on important grounds of public interest,
• Promptly inform Customer if, in its opinion, Customer’s instructions regarding the Processing infringe the Applicable Data Protection Law. In such an event, Mistral AI is entitled to refuse to perform the Processing that it believes to be in violation of the Applicable Data Protection Law,
• Ensure that any person Mistral AI authorizes to process Personal Data (including Mistral AI team members and the Subprocessors), is subject to a duty of confidentiality, whether by contract or statutory, and must not allow any person to process Personal Data who is not under such confidentiality obligations, and
• Taking into account the nature of the Processing and the information available to Mistral AI, upon Customer’s written request and to the extent that is (a) commercially reasonable and (b) required by the Applicable Data Protection Law, provide Customer with reasonable and timely assistance (i) in the event of an investigation from a Supervisory Authority related to the Processing, (ii) to conduct a data protection impact assessment, (iii) in case of a prior consultation with a Supervisory Authority, (iv) to allow Customer to comply with its obligations under Article 32 of the GDPR, always subject to confidentiality and trade secrets, and (v) to contribute to the audits performed by Customer under Section 9 of this DPA.

3.3 Obligations of Customer

Customer shall:

• Comply with its obligations under the Applicable Data Protection Law regarding the Processing and any instruction provided to Mistral AI,
• Provide notice and obtain all consents and rights required by the Applicable Data Protection Law for Mistral AI to process Personal Data as part of the Processing, under this DPA.

4. Data Subjects

4.1 Customer responsibility

Customer shall (a) provide Data Subjects with the information required by the Applicable Data Protection Law and (b) respond to all Data Subjects requests to exercise their rights regarding the Processing.

4.2 Assistance

Taking into account the nature of the Processing and upon Customer’s request, Mistral AI shall provide Customer with commercially reasonable assistance to enable Customer to respond to requests from Data Subjects to exercise their rights.

4.3 Requests sent to Mistral AI

In the event that any Data Subject request is made directly to Mistral AI, Mistral AI will not respond to such request directly without the Customer’s prior consent, unless required to do so by applicable law. Instead, Mistral AI will transfer that request to Customer who will then be solely responsible to respond to such request. If Mistral AI is legally required to respond to the Data Subjects’ request, Mistral AI will promptly notify the Customer of such legal requirement and provide it with a copy of the request unless prohibited to do so by applicable law.

5. Security

5.1 Security measures

Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing, as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Mistral AI shall implement and maintain appropriate technical and organizational measures to protect Personal Data from any Personal Data Breach and to preserve the security and confidentiality of the Personal Data. The security measures implemented by Mistral AI under this DPA are listed in Exhibit 2 of this DPA. Customer acknowledges that such security measures are subject to technical progress and development and that Mistral AI may update them from time to time, provided that such updates do not materially decrease the overall security of the Processing.

5.2 Customer responsibility

Mistral AI’s security obligations under this DPA apply without prejudice to Customer’s own security obligations under the Applicable Data Protection Law.

6. Personal Data Breach

6.1 Notification

Taking into account the nature of the Processing and the information available to Mistral AI, Mistral AI shall notify Customer of any Personal Data Breach without undue delay and where feasible after becoming aware of such Personal Data Breach. Mistral AI’s notification of or response to a Personal Data Breach in accordance with this Section 6 (Personal Data Breach) shall not be construed as an acknowledgment by Mistral AI of any fault or liability with respect to the Personal Data Breach.

6.2 Notification content

This notification shall include:

• The name and contact details of Mistral AI’s point of contact point where more information can be obtained,
• The nature of the Personal Data Breach, including but not limited to the categories and number of Data Subjects and Personal Data concerned by the Personal Data Breach,
• A description of the measures Customer could take to mitigate the possible adverse effects of the Personal Data Breach and to prevent from another potential Personal Data Breach,
• The likely consequences of the Personal Data Breach, and
• The measures proposed or taken by Mistral AI following the Personal Data Breach, including to prevent from any new occurrence.

6.3 Customer responsibility

Customer is solely responsible for notifying the Personal Data Breach to the Supervisory Authority and/or to the Data Subjects.

6.4 Assistance

Upon Customer’s written request, taking into account the nature of the Processing and the information available to Mistral AI, Mistral AI shall provide the Customer with commercially reasonable assistance with respect to Customer’s compliance with its obligation to communicate the Personal Data Breach to Data Subjects, when required by the Applicable Data Protection Laws. If necessary, Mistral AI shall provide Customer with commercially reasonable and timely assistance to mitigate or remediate the Personal Data Breach.

7. Subprocessing

7.1 General authorization

Customer provides a prior and general authorization allowing Mistral AI to appoint any Subprocessors to assist Mistral AI in the provision of the Services and in the Processing, in accordance with the terms of this DPA. This authorisation is subject to the following:

• Mistral AI will maintain an up-to-date list of its Subprocessors on Mistral AI’s website, including in the online version of Exhibit 1 of this DPA,
• Mistral AI will notify Customer of any addition or replacement of a Subprocessor to this list in accordance with this Section 7 (Subprocessing),
• Mistral AI will enter into a written agreement with each Subprocessor imposing data protection terms that require the Subprocessor to protect the Personal Data to the same standards provided by this DPA, and
• Mistral AI will remain liable to Customer if such Subprocessor fails to fulfill its data protection obligations with regard to the relevant Processing activities under the DPA.

7.2 Notification

Mistral AI will provide reasonable notice to the Customer of any changes to the list of Subprocessors prior to engaging such Subprocessor. The Customer may object in writing to Mistral AI’s appointment of a new Subprocessor within ten (10) days of such notice, provided that such objection is based on reasonable grounds relating to the Applicable Data Protection Law, otherwise such new Subprocessor will be deemed approved. If Customer provides observations during this ten (10) days period, the parties will consult and negotiate in good faith to find a mutually acceptable resolution to address any objections raised by Customer.

8. Transfers of Personal Data to a Restricted Country

8.1 General authorization

Customer authorized Mistral AI to transfer Personal Data to any country deemed to have an adequate level of data protection by the European Commission. Customer also authorizes Mistral AI to perform International Data Transfers to (a) on the basis of adequate safeguards in accordance with Applicable Data Protection Laws, or (b) pursuant to the SCCs.

8.2 Customer located in a Restricted Country

This Section only applies if Customer is located in a Restricted Country. By accepting this DPA, Mistral AI and Customer conclude Module 4 (Processor-to-Controller) of the SCCs which applies to any International Data Transfer conducted by Mistral AI acting as a Data Processor and is hereby incorporated and completed as follows:

• The “data exporter” is Mistral AI and the “data importer” is the Customer;
• The optional docking clause in Clause 7 is implemented; the optional redress clause in Clause 11(a) is struck;
• The governing law in Clause 17 is the law of France;
• The courts in Clause 18(b) are the Courts of France; and
• Annex I and II to the Module 4 of the SCCs are Exhibit 1 and 2 to this DPA respectively.

9. Audit

9.1 Document audit

Upon Customer’s written request, Mistral AI will make available all documents and information to demonstrate that the Processing carried-out by Mistral AI complies with this DPA in a timely manner, to the extent that is commercially reasonable and required by the Applicable Data Protection Laws, subject to confidentiality and trade secrets.

9.2 Onsite audit

Only to the extent Customer cannot reasonably be satisfied with Mistral AI’s compliance with this DPA through the exercise of the audit set out in Section 9 (Audit) of this DPA, Customer may conduct up to one (1) audit per year to verify Mistral AI’s compliance with this DPA, under the conditions defined below:

• This audit must be conducted with reasonable advance written notice of at least ninety (90) calendar days,
• This audit shall be carried out by an independent auditor selected jointly by the Parties for its expertise, independence and impartiality and which is, in any event, not a direct or indirect competitor of the Mistral AI,
• The selected auditor shall be bound by a confidentiality agreement and/or by professional secrecy,
• This audit shall be conducted during Mistral AI’s regular business hours,
• This audit shall restrict its findings to only information and/or Personal Data relevant to Customer,
• The audit shall not unreasonably impair or slow down the Services offered by Mistral AI or affect the organizational management of the Mistral AI,
• Mistral AI will contribute to the audit upon Customer’s request and to the extent that is commercially reasonable,
• An identical copy of the audit report shall be given to both Parties following the completion of the audit. Each Party may make observations regarding the audit report,
• The costs of this audit shall be borne exclusively by Customer.

10. Return or destruction of Personal Data

10.1 Return or destruction

After the end of the provision of the Services, Mistral AI will delete or return to Customer all Personal Data processed on Customer’s behalf, in accordance with Mistral AI’s deletion policies and procedures. Customer acknowledges that the Personal Data will no longer be accessible upon the expiry of a thirty (30) days period following the termination of the Customer’s access to and use of the Services.

11. General

11.1 Term

This DPA shall commence on the effective date of the Agreement and will continue for the duration of the Agreement.

11.2 Incorporation and conflict

The Data Processing Addendum (DPA) is incorporated in the Agreement by reference and forms an integral part of the Agreement. In the event of any conflict between the terms of the DPA and this Agreement, the terms of the DPA shall prevail to the extent of such conflict.

11.3 Liability

The liability of each party and each party’s affiliates under this DPA is subject to the exclusions and limitations of liability set out in the Agreement.

EXHIBIT 1 - Description of the Processing

Mistral AI may update the description of the Processing from time to time to reflect new Services, features, functionalities or Subprocessors.

1 La Plateforme

1.1 List of the Parties

• Controller: Customer
• Controller’s privacy contact: email address associated with Customer’s account on the Mistral AI platform
• Processor: Mistral AI
• Processor privacy contact: privacy@mistral.ai

1.2 Description of the Processing

Categories of Data Subjects:

• Customer;
• Customer’s authorized users;
• Customer’s end-users;
• Any other natural person whose Personal Data is included in the Customer Data.

Categories of Personal Data:

• Customer’s and Customer’s authorized users’ account data, such as professional contact details, name of the organization or Mistral AI user ID or workspace ID;
• Customer’s API Key (if any);
• Any Personal Data included in the Customer Data;
• Any Personal Data associated with a support request made by Customer or Customer’s authorized users, such as Customer’s or Customer’s authorized users’ name, email address, or any other personal data included within the request.

Special categories of Personal Data:

• None. Customer does not process sensitive data under this DPA. In case Customer wishes to process sensitive data, Customer shall contact Mistral AI by email at privacy@mistral.ai

Frequency of the Processing:

• On a continuous basis.

Nature of the Processing:

• The Personal Data will be processed as described in this DPA.

Authorized Purposes:

• The provision of the Services associated with La Plateforme, including:
  • Managing the Customer’s and Customer’s authorized users’ accounts;
  • Generation of Output based on Input;
  • Fine-tuning Models with Customer’s Input,
  • Agent creation based on Customer’s Input, and
  • Processing Customer’s support requests.
• When Customer does not have a paid subscription: de-identifying the Personal Data included in Your Data for the purpose of training or improving the Models on such de-identified data.

Duration of the Processing:

• The term of this DPA.

Retention Periods:

• Customer Data:
  • The Input and Output are stored for the duration of the generation of the Outputs. Mistral AI retains the Inputs and Outputs for thirty (30) rolling days to monitor abuse as a Data Controller, unless zero data retention is activated. In such a case, the Input and Output are stored for the duration of generating the Output and then deleted.
  • If Customer uses the Fine-Tuning API, the Input (including fine-tuning data) is stored for the duration of the fine-tuning job and until the deletion of the Input by Customer on the Services.
• Account data:
  • For the duration of the registration of the Customer and Customer’s authorized users and for 1 year from the termination of such registration.
• Customer support data:
  • For the duration necessary to process Customer’s request and for five (5) additional years for evidential purposes.

1.3 Subprocessors

• Azure:
  • Purpose: Cloud Infrastructure.
  • Data location: Sweden.
• Cerebras:
  • Purpose: Cloud infrastructure. The Personal Data is encrypted and zero data retention is activated (data is retained solely for the duration of processing the request).
  • Data location: United States.
  • Opt-in: By default, Customer Data is not processed by Cerebras. Customer Data is only processed by Cerebras if Customer opts-in. 

• Google Cloud Platform (only if you use the US API):
  • Purpose: Cloud Infrastructure only for the US API.
  • Data location: United States.
• Intercom:
  • Purpose: Customer support management.
  • Data location: United States.

2 Le Chat

2.1 List of the Parties

• Controller: Customer
• Controller’s privacy contact: email address associated with Customer’s account on the Mistral AI platform
• Processor: Mistral AI
• Processor privacy contact: privacy@mistral.ai

2.2 Description of the Processing

Categories of Data Subjects:

• Customer;
• Customer’s authorized users;
• Customer’s end-users;
• Any other natural person whose Personal Data is included in the Customer Data.

Categories of Personal Data:

• Customer’s and Customer’s authorized users’ account data, such as professional contact details, name of the organization or Mistral AI user ID or workspace ID;
• Any Personal Data included in the Customer Data or in the Third-Party Content;
• Any Personal Data associated with a support request made by Customer or Customer’s authorized users, such as Customer’s or Customer’s authorized users’ name, email address, or any other personal data included within the request.

Special categories of Personal Data:

• None. Customer does not process sensitive data under this DPA. In case Customer wishes to process sensitive data, Customer shall contact Mistral AI by email at privacy@mistral.ai.

Frequency of the Processing:

• On a continuous basis.

Nature of the Processing:

• The Personal Data will be processed as described in this DPA.

Authorized Purposes:

• The provision of the Services associated with Le Chat, including:
  • Managing the Customer’s and Customer’s authorized users’ accounts;
  • Generation of Output based on Input;
  • Displaying Input, Output and Third-Party Content history on Le Chat;
  • Managing Customer’s or Customer’s authorized users’ shared conversations;
  • Agent creation based on Customer’s Input;
  • Processing Customer’s support requests.
• When Customer uses an unpaid subscription or when Customer uses Le Chat Pro and has not opted-out of the training: de-identifying the Personal Data included by Customer in the User Data for the purpose of training or improving the models or the Services on such de-identified data. If Customer uses other paid subscriptions such as Le Chat Team or Le Chat Enterprise, Mistral AI will not use the Customer Data for training purposes, unless Customer authorizes Mistral AI to do so by activating such option on its account.

Duration of the Processing:

• The term of this DPA.

Retention Periods:

• Customer Data:
  • The Customer Data is stored until its deletion by Customer or Customer’s authorized users.
• Account data:
  • For the duration of the registration of the Customer and Customer’s authorized users and for 1 year from the termination of such registration.
• Customer support data:
  • For the duration necessary to process Customer’s request and for five (5) additional years for evidential purposes.

2.3 Authorized Recipients

Sub-processors:

• Azure: 
  • Purpose: Cloud Infrastructure.
  • Data location: Sweden. 
• Black Forest Labs:
  • Purpose: Image generation.
  • Data location: United States.
  • Opt-out: Customer can opt-out of Black Forest Labs at any time by using the settings in Customer’s account.
• Brave:
  • Purpose: Websearch.
  • Data location: United States.
  • Opt-out: Customer can opt-out of using Brave at any time by using the settings in Customer’s account.
• Cerebras:
  • Purpose: Cloud infrastructure. The Personal Data is encrypted and zero data retention is activated (data is retained solely for the duration of processing the request).
  • Data location: United States.
  • Opt-out: Customer can opt-out of using Cerebra's at any time by using the settings in Customer’s account (deactivating flash answers).
• E2B:
  • Purpose: provide the code interpreter feature on Le Chat. 
  • Data location: EEA.
• Google Cloud Platform:
  • Purpose: Cloud Infrastructure.
  • Data location: Ireland, United States.

3 Providing Support Services through Partners

3.1 List of the Parties

• Controller: Customer
• Controller’s privacy contact: email address provided to the Partner (as defined in the Partner-Hosted Deployment Terms)
• Processor: Mistral AI
• Processor privacy contact: privacy@mistral.ai

3.2 Description of the Processing

Categories of Data Subjects:

• Customer;
• Customer’s authorized users;
• Any person whose Personal Data is included in Customer’s support request.

Categories of Personal Data:

• Professional contact details, such as name and professional email address;
• Any Personal Data included in Customer’s or Customer’s authorized user’s support request.

Special categories of Personal Data:

• None.

Frequency of the Processing:

• On a continuous basis.

Nature of the Processing:

• The Personal Data will be processed as described in this DPA and the Partner-Hosted Deployment Terms.

Authorized Purposes:

• The provision of support services when Customer uses the Services through a Partner.

Duration of the Processing:

• The term of this DPA.

Retention Periods:

• Customer Support:
  • For the duration necessary to process Customer’s request and for five (5) additional years for evidential purposes.

3.3 Authorized recipients

Sub-processors:

• Intercom: Support management. The Personal Data are stored in the United States.

Third-Parties:

• The Partner.

EXHIBIT 2 - Technical and organizational measures

The technical and organizational measures implemented by Mistral AI are listed in Mistral AI’s trust center available at https://trust.mistral.ai/.

Mistral AI may update these measures at any time, subject to Section 5 (Security) of the DPA.

Effective 6 February 2025 - French Version/Version Française

Welcome to Mistral AI!

We know that your privacy is important, and we're committed to protecting it. This Privacy Policy explains, in a clear and simple way, how we collect, use, and protect your personal data when you use our generative AI services ("Services").

1. Who collects your data?

1.1. Mistral AI as data controller

Mistral AI is the data controller. This means that Mistral AI is the entity that decides how and why your personal data is collected and used.

Who we are. Mistral AI is a French company incorporated in Paris, under number 952 418 325, having its registered offices at 15 rue des Halles, 75001 Paris (“We”, “Us” or “Mistral AI”).

How to contact us:

By using the contact form available here https://mistral.ai/en/contact in the section “data and privacy”

• By using the contact form available here in the section “Data and privacy”
• Through our Help Center available via your Mistral AI Account
• By mail: Mistral AI, 15 rue des Halles, 75001 Paris, France.

1.2. Mistral AI as data processor

Mistral AI is your data processor. If you use our Services to process personal data on behalf of your business, you are the data controller, and Mistral AI is the data processor. This means that you decide how and why the personal data is processed, and we process such data on your behalf and according to your instructions to provide you with the Services.

Scope of this Privacy Policy. This Privacy Policy only covers the processing activities we carry out as a data controller. It does not apply to the processing activities we carry out as a data processor on your behalf, which are governed by our Data Processing Agreement.

2. What data do we collect?

2.1. Data you provide directly to us

Identity, account and contact data:

• When you create your account on our platform to use our Services;
• When you subscribe to our newsletter.

Payment and billing information:

• When you subscribe to our paid Services.

Data you provide when you use the Services: We collect Input and Feedback when you use the Services.

• Input. This is the input you provide to the Services to generate an Output, such as your prompts or your fine-tuning data.
• Feedback. This is the ratings or comments you choose to provide on the Output.

2.2. Personal data generated by your use of our Services

When you use the Services, we automatically collect the following information:

• Security logs;
• Technical information such as, for instance, your IP address ;
• Output. This is the content generated by the Services based on your Input. If you include personal data in Your Input, then such personal data may be included in the Output.

2.3. Personal data that is indirectly provided to us

Data publicly available on the Internet. Our models are trained on data that is publicly available on the Internet, which may contain personal data, even if we use good practices to filter out such personal data.

Data provided by third-parties:

• Hugging Face. If you download our models on Hugging Face, we collect your username and email address to enforce our license and send you communications about our new models.
• Third-Party Content. When you use our websearch or news tool on Le Chat, we may display content from third parties on Le Chat, such as links, thumbnails, or snippets. This content is displayed to help you understand the Output better. If you include personal data in your Input, personal data might also appear in the Third-Party Content. We do not use this Third-Party Content to train or improve our models or Services.

3. Why do we use your personal data?

We use your personal data:

• To provide and improve the Services;
• For the general administration and security of the Services;
• To manage and enforce our license agreement;
• To develop and train our general-purpose artificial intelligence models;
• To send you newsletters and marketing communications;
• To manage your commercial relationship with us;
• For dispute resolution;
• To reply to your requests regarding your personal data.

If you want to know more about why we use your personal data, you will find more details below.

3.1. To provide and improve the Services

For users acting as consumers:

• Account Management: Create and administer your account.
• Providing Le Chat to you, including:
  • Generating Outputs and displaying Third-Party Content based on your Input. 
  • We  use part of your IP address to make your experience better, such as, for instance, to provide you with more accurate Outputs depending on the country associated with your IP address. You can opt-out of this processing at any time through your user preferences. 
  • Displaying your conversation history (Input, Output and Third-Party Content).
• Providing La Plateforme:
  • Generating Outputs based on your Input.
  • Allowing you to fine-tune our models using Our Fine-Tuning API.
  • Allowing you to create agents through the Agent Builder.
• Customer Support: Answer and manage your support requests, including fixing errors or bugs related to your use of our Services.

Lawful basis for the processing: The performance of the agreement between you and Mistral AI.

For all users:

• Service Improvement: Generate aggregated and anonymized statistics about the use of the Services to enhance their functionality and performance.

Lawful basis for the processing: Our legitimate interest to continuously improve the Services.

3.2. General administration of our Services

We use your personal data for the following administrative purposes:

• Security management. Manage the security of Our Services;
• Non-marketing communications. Communicate with you for purposes other than marketing, such as:
  • Notifying you of temporary unavailability or disruptions to our Services.
  • Sending you important updates or information related to your account or the Services.
• Cookie Management. Use cookies and similar technologies to enhance your user experience.

Lawful basis: Our legitimate interests to manage the security and administration of the Services and for cookies that are technically required. Your consent for cookies that are not technically required.

3.3. To manage and enforce our license agreement

• Abuse monitoring. Automatically monitor breaches of our Terms of Service or Usage Policy;
• License management. Manage requests for downloading our artificial intelligence models and enforce our open source and commercial licenses.

Lawful basis: The performance of the contract between you and Mistral AI.

3.4. Develop and train our Models

We use personal data to develop and train our general-purpose artificial intelligence models, which help us provide state-of-the-art services to our customers.

Here’s how we handle personal data in different scenarios:

3.4.1. Data publicly available on the Internet

If your personal data is publicly available on the Internet, we may use it to train our general-purpose artificial intelligence models, even though we apply good practices to filter out personal data. Our models (large language models) are trained to answer questions, generate text according to context/Inputs (e-mails, letters, reports, computer code, etc.), translating, summarizing and correcting text, classifying text, analyzing feelings, etc.

Lawful basis: Our legitimate interests in providing advanced artificial intelligence models to our customers.

3.4.2. Input and Output provided on La Plateforme

• If you use our paid Services: We do not use your Input and Output to train or improve our models.

• If you use our free Services: We use your Input and Output to train our general-purpose artificial intelligence models. We use commercially reasonable efforts to de-identify such data before using it to train or improve our models. For clarity and as set out in Section 8 (Your rights), you have the right to object to this processing (opt-out) by using the contact form available here, via the "Data and privacy" section, or using any other method provided in Section 8 (Your rights). 

Lawful basis: Our legitimate interests in providing advanced artificial intelligence models to our customers.

3.4.3. Le Chat

• If You use Le Chat Free, Le Chat Pro or Le Chat Student: We use your Input, Output and Feedback to train our general-purpose artificial intelligence models. We use commercially reasonable efforts to de-identify such data before using it to train or improve our models. You can opt-out of training at any time by using the feature available on your account. In this case, we do not use your Input and Output to train our artificial intelligence models, unless you expressly authorize us to do so. 
• If you use Le Chat Team : We do not use your Input, Output and Feedback to train our artificial intelligence models. If you wish to allow us to use such data to train our artificial intelligence models, you can opt-in of training at any time by using the feature available on your account.
• Feedback: If you click on "Thumbs Up" or "Thumbs Down" to rate an Output, we use your Feedback to train our artificial intelligence models. If you do not want us to use your Feedback to improve our artificial intelligence models, please do not click on  "Thumbs Up" or "Thumbs Down". 

Lawful basis: Our legitimate interests in providing advanced artificial intelligence models to our customers.

3.4.4. Third-party services

If you connect a third-party service to our Services, we do not use this third-party service to train or improve our artificial intelligence models. 

3.5. Marketing operations

We use your personal data for the following marketing activities:

• Newsletters. Sending you our newsletters with updates and information about our Services.
• Lead Development. Identifying and nurturing potential business opportunities.
• Event Invitations. Inviting you to our events and webinars.

Lawful Basis: Your consent, for sending you our newsletters. You can withdraw your consent at any time by unsubscribing . Our legitimate interest, for lead development and event invitations, which helps us promote our Services and grow our business.

3.6. Commercial Management

We use your personal data for the following commercial management purposes:

• Contract Management. Administering and managing our contractual relationship with you.
• Invoicing. Generating and sending invoices for the fees applicable to our Services.
• Payment Processing. Processing your payments to ensure timely and accurate billing.

Lawful Basis: The performance of the agreement between you and Mistral AI. To comply with our legal requirements to invoice for our Services.

3.7. Dispute Resolution

We use your personal data for the following purposes:

• Dispute Resolution: To investigate and resolve any disputes that may arise out of your use of the Services.
• Contract Enforcement: To enforce our contract, including actions such as suspending your account.

Lawful Basis: Our legitimate interest to protect and exercise our legal rights. The performance of the Agreement between you and Mistral AI.

3.8. Data Subject Requests

We use your personal data to reply to Your requests to exercise Your rights on Your Personal Data.

Lawful basis: Our legal obligation to reply to your requests.

4. Cookies

When you visit our website, we use cookies (small text files stored on your device) to enhance your experience on our Services. For more information about the way we use cookies, please see our Cookie Policy. 

5. How long do we keep your personal data?

We store your personal data only as long as needed for the purposes described in Section 3 of this Privacy Policy. Sometimes, we may keep it longer if required by law or for legal proceedings.

For illustrative purposes, here are the applicable data retention periods:

Data we use to provide and improve the Services:

• Account data: for as long as you're registered and 1 year after you terminate your account in accordance with our legal obligations.
• On La Plateforme:
  • We keep your Input and Output for the period necessary to generate the Output and then for thirty (30) rolling days to monitor abuse, unless zero data retention is activated.
  • We keep your fine-tuning data until you delete it from La Plateforme or until you delete your account.
• On Le Chat:
  • If you use Le Chat without an account, we keep your Input, Output and Feedback in an identifying form for the duration of your conversation on Le Chat.
  • If you use Le Chat with an account, we keep your Input, Output and Feedback in an identifying form until you delete your account.
• Technical support data: We keep your data until your request is processed and for 5 years for record-keeping.

Data we use to administer and manage the security of the Services:

• Security Data: Security logs are kept for 1 rolling year.
• Cookies: As long as you consent to their use.

Data we use to manage our license agreement:

• On La Plateforme: we keep your Input and Output for thirty (30) rolling days to monitor abuse.
• Contracts and contact details for the subscription to a commercial license to use our Models: we keep your data for the duration of the contract and for five years following the contract.

Data we use to manage your commercial relationship with us:

• Contracts: term of the contract and 5 years from the termination date.
• Invoices: For 10 years from the year-end date.

Data we use for marketing operations:

• Contact data: until you unsubscribe from our newsletter.
• Leads identity and contact data: for 3 years from collection.
• B2B customer data: for the duration of the contract and for three years following the termination of the contract.

Data we use for dispute resolution: until the appeal period ends, provided that we may keep such data longer for archival purposes.

Data we use to reply to your privacy requests: for the duration of processing the request and for six (6) years following the request.

6. Who do we share your personal data with?

We may share your personal data on a need-to-know basis with the following parties:

• Our Team Members. Authorized members of our teams who need access to perform their jobs.
• Financial Institutions. Banks and other financial organizations.
• Regulatory Authorities. Such as the French data protection authority (CNIL).
• Legal and Professional Services. When appropriate, we may share data with competent courts, mediators, accountants, auditors, lawyers, bailiffs, and debt collection agencies.

Additionally, we may share all or part of your personal data with our service providers. Before engaging with any provider, we conduct audits to ensure they meet our privacy and security standards, and we sign a dedicated data protection agreement with them.

Our main providers are:

• Azure:

  • Purpose: Cloud Infrastructure
  • Data location: Sweden

• Black Forest Labs:

  • Purpose: Image generation based on Your Input. Black Forest Labs accesses Your Input and Output. Your Input is stored for 15 days and then permanently deleted from Black Forest Labs’ systems. Your Outputs are permanently destroyed within 1 day from Black Forest Labs’ systems. Black Forest Labs does not use Your User Data to train their models.
  • Data location: United States

• Brave, Inc.:

  • Purpose: Search engine providing content to generate Outputs. Brave accesses Your Input and the content sent to Mistral AI to generate the Output. Brave Inc. does not access the Output. Brave, Inc. does not use Your User Data to train any artificial intelligence models or for any other purposes than to provide content to generate an Output.
  • Data location: United States

• Cerebras:

  • Purpose: Cloud Infrastructure
  • Data location: United States
  • Opt-out: You can opt-out of Cerebras any time by using the feature available on your account.
• : Cloudflare
  • Purpose: Security of the Services. 
  • Data location: United States

• E2B:

  • Purpose: Providing our code interpreter feature on Le Chat.
  • Data location: United States

• Google Cloud Platform:

  • Purpose: Cloud Infrastructure
  • Data location: Ireland

• Google Cloud Platform:

  • Purpose: Cloud Infrastructure for Le Chat and the US version of Our APIs
  • Data location: United States

• Intercom:

  • Purpose: Support
  • Data location: United States

• Kong:

  • Purpose: API security
  • Data location: United States

• Lago:

  • Purpose: Billing
  • Data location: EEA

• Mailjet:

  • Purpose: Mailing
  • Data location: United States

• Ory:

  • Purpose: Authentication on the Services
  • Data location: EEA

• Stripe:

  • Purpose: Payment management
  • Data location: United States

7. Do we transfer Your Personal Data Outside of the European Union?

We prioritize selecting providers within the European Union that strictly adhere to the GDPR. However, in exceptional cases, we may opt for non-EU providers that meet our high standards of data security and Personal Data protection.

We take the necessary steps to ensure that all contracts with service providers who process personal data outside the European Union have adequate safeguards in compliance with Article 46 of the GDPR. Additionally, we attach the most recent version of the European Commission’s Standard Contractual Clauses to all such contracts.

8. Your rights

You can exercise:

• Access. You have the right to know if we process your personal data. You also have the right to request a copy of such personal data and to obtain further information about the way we process your personal data.
• Rectification. You have the right to update or correct your personal data.
• Deletion. You have the right to delete and/or ask us to delete your personal data.
• Objection. You have the right to object to the processing of your personal data. This right does not apply when we have a legal obligation to process your personal data.
• Consent withdrawal. You have the right to withdraw your consent to the processing of your personal data at any time.
• Limitation. You have the right to ask us to freeze the processing of your personal data.
• Automated decision. You have the right to not be subject to an automated decision (including profiling) and to appeal such a decision. Mistral AI does not engage in profiling or automated decision-making in the processing of personal data.
• Portability. You have the right to obtain and transfer your personal data to another entity.
• Post mortem. You have the right to tell us how you would like us to process your personal data after your death.
• Lodge a complaint. You have the right to lodge a complaint before the competent data protection authority, including the French data protection authority (the CNIL).

We will take every step to make sure we reply to your requests. However, when your request concerns the training of our models, it’s important to note that your rights have technical limitations and fulfilling your requests might involve a complex technical process.

You can exercise these rights:

• By using the contact form available here in the section “Data and privacy”
• By making a request using our Help Center available on your account
• By sending us a letter at Mistral AI, Attn: Privacy Team, Mistral AI, 15 rue des Halles, 75001 Paris, France.

9. Changes to this Privacy Policy

We may amend this Privacy Policy from time to time as our Services continuously evolve. Make sure to check this Privacy Policy frequently.

Effective 6 February 2025

Scope

Our usage policy (the “Usage Policy”) applies to:

• All the Services accessible on our platform, including Le Chat and La Plateforme, 
• All users of our services, including individuals, organizations, and businesses, 
• All content generated, shared, or accessed through our services, and
• All interactions and activities conducted on or through our services.

Our principles

Our goal is to make technology more accessible and showcase how generative AI enables greater access to knowledge. To further responsible artificial intelligence development and deployment, the following principles guide how we build and offer our services:

• Be neutral: we believe technology should be as neutral as possible.
• Empower people: we believe in minimizing the risk of abuse while trusting that you should be empowered to define and use available and robust controls adapted to you and your priorities.
• Build trust through transparency: we believe in building services that provide everyone the right to access generative AI and in being transparent about our artificial intelligence models, policies, and enforcement.

Prohibited content and activities

Illegal activities. When using our services, you must comply with applicable laws. As such, you must not use our services to engage in, encourage, promote, offer, or solicit illegal activity, and any such use may be reported to law enforcement. For instance, you must not use our services to generate:

• Content that promotes, facilitates, or provides instructions for drug trafficking or distribution, or information on obtaining or using illegal substances,
• Content related to activities with high-risk of physical harm, such as weapons development, military and warfare, management, or operation of critical infrastructure in energy, transportation, and water, or
• Content that enables or exploits individuals, including through human trafficking or sexual services.

Child Sexual Abuse Material (“CSAM”) Mistral AI has a zero tolerance policy regarding CSAM. Any generation or attempt to generate CSAM on our services is strictly prohibited. We will report all actual or suspected CSAM to the relevant law enforcement authorities and will terminate your account.

Non-consensual intimate imagery. You shall not use our services to generate intimate images of any person without the explicit consent of all individuals involved.

Hate and discrimination. You shall not use our services to promote hate, discrimination, or harassment, including generating any content that promotes, incites, glorifies, or celebrates:

• Hate or discrimination based on an individual’s race, gender, ethnicity, religion, nationality, sexual orientation, disability status, or caste,
• Engaging in revisionism or denialism, particularly regarding historically documented events such as the Holocaust or other genocides,
• Harassing language towards any target, or
• The suffering or humiliation of others.

Violence and threats. Use of our services to conduct or generate any activity or content that promotes, incites, threatens, or glorifies violence is not permitted. This includes, for instance, threats of physical harm or glorification of violent acts or terrorism.

Self-harm. You shall not use our services to generate content that promotes, encourages, or provides instructions for self-harm or suicide. This includes, for instance:

• Graphic depictions of self-harm,
• Detailed descriptions of self-harm methods, or
• Encouragement of others to engage in self-harm or suicidal behavior.

Fraud and scams. Using our services to engage in any form of fraudulent activity or scams is prohibited. This includes, for instance:

• Phishing attempts,
• Financial scams,
• Impersonation, or
• Misrepresentation of facts and data.

Misinformation. You shall not use our services to generate content that is deliberately misleading, false, or intended to deceive others. This includes, for instance:

• Spreading false information about current events, health, science, or that undermines the integrity of a civic or political process,
• Promoting conspiracy theories that can cause harm,
• Misinformation that targets protected groups.

Privacy. Generating content that invades or violates the privacy of others is prohibited.

Professional advice. You shall not use our services to provide professional advice without proper qualification. This includes, for instance:

• Offering investment advice, financial planning, or any form of financial guidance;
• Providing legal counsel, interpretations of the law, or recommendations on legal actions;
• Offering medical diagnoses, treatment suggestions, or any form of health-related guidance.

Our enforcement

Violations of this Usage Policy may result in temporary suspension or permanent termination of your account in accordance with our Terms of Service, and, where appropriate, reporting to relevant authorities.

Report violations

If you encounter any content or activity that violates this Usage Policy, please report it immediately through our Help Center or at legal@mistral.ai. We take all reports seriously and will investigate promptly.

Updates

We reserve the right to update this Usage Policy from time to time on our website.We reserve the right to update the Terms of Use at any time. We therefore invite you to consult our Usage Policy frequently to stay informed of any changes.

Effective 6 February 2025

Preamble

These deployment terms (these “Terms”) govern your use of the products and/or services, including artificial intelligence models (the "Models"), provided by Mistral AI (the "Mistral AI Products") through: 

• Our cloud provider partners (the "Cloud Providers"), on the Cloud Provider's infrastructure (the "Partner Infrastructure"), or your infrastructure ("Your Infrastructure"), or 
• Our resellers (the "Resellers") on Your Infrastructure.

In these Terms, we refer to the Cloud Provider Infrastructure and Your Infrastructure as the "Infrastructure". We refer to Cloud Providers and Resellers as "Partners".  The Mistral AI Products are provided by Mistral AI, a French limited corporation, having its registered offices at 15 rue des Halles, 75001 Paris, France.

We encourage you to read and understand these Terms because by accessing or using any of the Mistral AI Products through a Partner, you are agreeing to these Terms which constitute an agreement between you and Mistral AI.

Here are some key points to understand about using the Mistral AI Products via a Partner:

• We do not have access to the Infrastructure or Your Data and do not use Your Data to train our Models.
• You also have a contract with the Partner that governs your use of the Partner Infrastructure (if applicable) and any services provided by such Partner (the “Partner Terms”).
• When you use the Mistral AI Products through a Cloud Provider on the Infrastructure, the Cloud Provider is your sole point of contact, including for support.

1. Responsibilities

1.1 Our responsibilities

We are responsible for providing the Mistral AI Products to you on the Infrastructure in accordance with applicable laws and these Terms.

1.2 The Partner’s responsibilities

The Partner is responsible billing and collecting any fees for use of the Mistral AI Products on the Infrastructure. 

When you use the Mistral AI Products through a Cloud Provider, the Cloud Provider is responsible for (a) making the Mistral AI Products available to you on the Infrastructure, (b) providing you with the Partner Infrastructure (if applicable) and complementary services, and (c) being your sole point of contact for any requests related to the Mistral AI Products on the Infrastructure.

1.3 Your responsibilities

You are responsible for using the Mistral AI Products in accordance with applicable laws, these Terms and the Partner Terms (if applicable).

2. Using the Mistral AI Products

2.1 License

We grant you, and any of your authorized users, a non-exclusive right to access and use the Mistral AI Products on the Infrastructure only in compliance with these Terms, all applicable laws and regulations, and any other documentation, guidelines, or policies we make available to you, whether directly or through our Partner. This right includes the rights to (a) integrate our Mistral AI Product into Your Offerings (as defined in Section 6) and (b) use the Mistral AI Products for your own internal business purposes. For the avoidance of doubt, the license granted in this Section also applies to any Customized Mistral AI Product (as defined in Section 7.5). 

2.2 Restrictions

For the avoidance of doubt, we remain the sole owner of all right, title, and interest in and to the the Mistral AI Products (including all Models, documentation, and related software developed by Mistral AI and provided to you in connection with these Terms), including any modifications or enhancements to any of the foregoing, and all intellectual property in all of the foregoing, but excluding any Customer Owned Developments. “Customer Owned Developments” means any developments made by you to customize a Mistral AI Product or in furtherance of Customer’s use of a Mistral AI Product, in each case only as expressly authorized in these Terms.

You only receive rights to use the Mistral AI Products as explicitly granted in these Terms. You will not, and will not permit any other person to:

(a) use the Mistral AI Products or Your Data in a manner that violates any applicable laws (including trade laws, and sanctions and export control laws), these Terms, or any of our policies;

(b) use the Mistral AI Products or Your Data in a manner that infringes, misappropriates, or otherwise violates any third party’s rights, including intentionally using the Mistral AI Products to generate Outputs that infringe third party rights;

(c) send any personal information of children under 13 or the applicable age of digital consent or allow minors to use the Mistral AI Products without consent from their parent or guardian;

(d) reverse assemble, reverse compile, decompile, translate, engage in model extraction or stealing attacks, or otherwise attempt to discover the source code or underlying components of the Mistral AI Products, algorithms, and systems of the Mistral AI Products (except to the extent these restrictions are contrary to applicable law);

(e) compromise the security or proper functionality of the Mistral AI Products, including interfering with, circumventing, or bypassing security or moderation mechanisms in the Mistral AI Products or performing any vulnerability, penetration, or similar testing of the Mistral AI Products;

(f) use any method to extract any content from the Mistral AI Products other than Outputs; or

(g) distribute or market the Mistral AI Products as a standalone product or service and/or act as a distributor of the Mistral AI Products without our prior written consent.

2.3 Support

When the Mistral AI Products are provided on the Partner Infrastructure, any support requests must be made to the Partner, in accordance with the Partner Terms. 

2.4 Mistral AI Product discontinuation

We reserve the right to discontinue the availability of the Mistral AI Products. We will provide a minimum notice period of six (6) months prior to the discontinuation of any Mistral AI Product. During such notice period, the Mistral AI Product will not be available to any new customers. You are responsible for ensuring that your contact information is up-to-date to receive such notifications.

2.5 Specific Access

“Specific Access” refers to any Mistral AI Product where you have access to the weights of our Models. If your subscription includes Specific Access, the following terms apply to your use of the Mistral AI Products:

• (a) Our Models and their weights are highly confidential and you must ensure their confidentiality by implementing confidentiality and security measures at least as stringent as those you use to protect your own Confidential Information (as defined in Section 9) of similar sensitivity;
• (b) In the event of any unauthorized disclosure or access to our Models or their weights (each, a “Security Incident”), you must immediately notify us at legal@mistral.ai. Such notification must include at least the following details: (a) the time the Security Incident occurred, (b) the Model affected by the Security Incident, (c) the nature and impact of the Security Incident, and (d) the measures which have been taken or which are proposed to be taken to address the Security Incident and to mitigate its possible adverse effects.
• (c) You acknowledge that we implement security measures, such as watermarking, for each Model provided to users whose subscriptions include Specific Access to ensure the Model’s traceability. While these measures allow us to trace our Models, they do not allow us to access or use that specific copy of the Model or Your Data.

3. Your User Data

3.1 Your Data

You and your authorized users may provide input to the Mistral AI Products (“Input”), and receive output from the Mistral AI Products based on the Input (“Output”). For clarity, (i) Input also includes any training or fine-tuning data provided by you and (ii) Output excludes any Model weights. We refer to Input and Output collectively as “Your Data”. To the extent permitted by applicable law, you (i) retain all ownership rights in Input and (ii) own all Output. We assign to you all right, title, and interest, if any, in and to Output that we may have.

3.2 Responsibility for Your Data

You are responsible for all Input and represent and warrant that you have all rights, licenses, and permissions required to provide Input to the Mistral AI Products. You are solely responsible for all use of the Outputs and evaluating the Output for accuracy and appropriateness for your use case. You must also not represent that the Output was generated by a human when it was generated by the Mistral AI Products. We may also provide Output filters for certain Mistral AI Products. If you deactivate these filters, you are solely responsible for the Output that is generated.

3.3 Similarity of Output

Due to the nature of the Mistral AI Products, your Output may be similar or identical to the response generated for another user of the Mistral AI Products. We provide no guarantees that your Output will be unique. Any responses generated for other users by the Mistral AI Products are not considered your Output even if similar or identical to your Output.

3.4 How we use Your Data

We do not access or use Your Data, unless you include Your Data in your technical support request and such request is shared with us by the Partner. In any case, we do not use Your Data to train our Models.

4. Warranties; Disclaimer

4.1 Our Warranties

We warrant that, when used in accordance with these Terms, the Mistral AI Products will conform in all material respects with the documentation we provide to you or otherwise make publicly available.

4.2 Your Warranties

You warrant that (i) you have the authority to enter into and accept these Terms and (ii) you and your end-users (if any) will use the Mistral AI Products in accordance with the applicable laws and regulations and these Terms.

4.3 Disclaimer

EXCEPT FOR THE WARRANTIES IN THIS SECTION 4 (WARRANTIES; DISCLAIMER), THE MISTRAL AI PRODUCTS ARE PROVIDED “AS IS” AND WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, NONINFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE. WE MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT USE OF THE MISTRAL AI PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR BE SUITABLE FOR YOUR SPECIFIC PURPOSES OR USE-CASES, (II) THAT DEFECTS WILL BE CORRECTED, OR (III) THAT YOUR DATA WILL BE ACCURATE. MOREOVER, WE MAKE NO WARRANTY AS TO THE SERVICES PROVIDED BY THE PARTNER OR ANY THIRD-PARTY, OR THE INFRASTRUCTURE.

5. Indemnification

5.1 By you

You will indemnify, defend, and hold us and our affiliates, service providers, 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 (i) the use of the Mistral AI Products in violation of these Terms (including violation of our policies), (ii) any of your products or services that you make available to users in connection with the Mistral AI Products or Outputs (“Your Offerings”) (if any), or (iii) Your Data.

5.2 By us

We will indemnify and defend you for any damages finally awarded by a court of competent jurisdiction and any settlement amounts payable to a third party arising out of a third party claim alleging that the Mistral AI Products infringe any third party intellectual property right. This excludes claims to the extent arising from: (i) the Partner Infrastructure and/or any services provided solely by the Partner, (ii) Your Infrastructure, (iii) the combination of any of the Mistral AI Products with products, services, or software not provided by us or on our behalf (including Your Offerings, Your Infrastructure, the Partner Infrastructure or services provided by the Partner), (iv) any modification of the Mistral AI Products by any party other than us, (v) the Input, (vi) your modification of the Output, (vii) your failure to comply with these Terms or applicable laws, regulations, or industry standards, (viii) your use of the Mistral AI Products or Your Data in a manner that you knew, or reasonably should have known, was likely to violate third party rights or applicable laws or regulations, (ix) Your Offerings (if the claim would not have arisen but for Your Offerings), or (x) any Mistral AI Products made available to you for beta testing purposes.

5.3 Indemnification Procedure

The indemnification obligations in this Section 5 (Indemnification) are subject to the indemnifying party (i) receiving a prompt written notice of such claim from the party seeking indemnification; (ii) having sole control of defense and settlement of the claim (provided that the party seeking indemnification may participate in its own defense at its sole expense), and (iii) the party seeking indemnification providing all reasonable necessary cooperation and assistance, including preserving and sharing relevant information. The indemnifying party cannot enter into any settlement or compromise of any claim without prior written consent of the other party, which will not be unreasonably withheld, except that the indemnifying party may without consent enter into any settlement of a claim that resolves the claim without liability to the other party, impairment to any of the other party’s rights, or requiring the other party to make any admission of liability.

5.4 Remedies

The remedies in this Section 5 (Indemnification) are the sole and exclusive remedies for any third-party claim that the Mistral AI Products or Your Data infringe intellectual property rights.

6. Liability

6.1 Limitation of Liability

NEITHER WE NOR ANY OF OUR AFFILIATES, EMPLOYEES, SHAREHOLDERS, LICENSORS, AGENTS, SUPPLIERS, OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE MISTRAL AI PRODUCT THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE. THE LIMITATIONS IN THIS SECTION 6 (LIABILITY) APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

6.2 Exclusions

Notwithstanding anything to the contrary in this Agreement, nothing limits either Party’s liability for: (i) Death or personal injury to limb or health caused by its negligence (including of its personnel); (ii) fraud or fraudulent misrepresentation; (iii) breach of Section 2.1 (License), Section 2.2 (Restrictions), or Section 9 (Confidentiality); (iv) matters for which liability may not be limited by applicable law.

7. Term, suspension and termination

7.1 Term

These Terms will commence on the earlier of (i) the date you first use the Mistral AI Products or (ii) the date you accept these Terms, and will continue until terminated.

7.2 Suspension

We reserve the right to suspend or terminate your access to all or part of the Mistral AI Products if: (i) you breach these Terms, (ii) you fail to pay any fees when due, (iii) we need to do so in order to comply with applicable law, or (iv) your continued use of the Mistral AI Products could cause risk or harm to Mistral AI, our users, or anyone else. If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting us via the Help Center.

7.3 Termination for breach

Subject to the Partner Terms, either party may terminate this Agreement upon providing written notice to the other party if the other party commits a material breach of any term or condition of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice specifying the breach.

7.4 Other causes of termination

These Terms will automatically terminate upon the termination or expiration of (i) our agreement with Partner that enables you to access the Mistral AI Products on the Infrastructure or (ii) your agreement with Partner that enables you to access the Mistral AI Product on the Infrastructure.

7.5 Effects of termination

Termination or expiration will not affect any rights or obligations, including the payment of amounts due, which have accrued under these Terms up to the date of termination or expiration. Upon termination or expiration of these Terms, the provisions that are intended by their nature to survive termination will survive and continue in full force and effect in accordance with their terms, including confidentiality obligations, limitations of liability, and disclaimers.

Upon any expiration or termination of these Terms, you will (a) cease to use the Mistral AI Products (including all Customized Mistral AI Products); and (b) destroy and certify the destruction within seven (7) days of the effective date of termination or expiration of these Terms: (i) all copies of the Mistral AI Products (including all Customized Mistral AI Products) you may have in your possession on Your Infrastructure and (ii) all copies of Mistral AI Confidential Information you may have in your possession on Your Infrastructure. “Customized Mistral AI Product” means a Mistral AI Product that has been customized under these Terms, including by means of combining the Mistral AI Product and Customer Owned Developments.

8. Personal Data

We may process your personal data included in your support requests. If you use the Mistral AI Products through a Partner, we may act as your Processor for the processing of personal data included in your support request and such processing shall be governed by our Data Processing Agreement, unless otherwise stated in the Partner Terms. 

9. Confidentiality

Confidential Information. “Confidential Information” means any and all information, in any medium, which is provided by one Party (“Discloser”) to the other Party (“Recipient”), that is either (a) marked as “confidential”, “proprietary” or similar words, or if disclosed orally, confirmed in writing as such by the Discloser following the disclosure; or (b) any information which Recipient should have reasonably considered to be confidential under the circumstances surrounding disclosure. 

Confidentiality obligation. Each Party acknowledges that during the course of performing its obligations hereunder it may receive or disclose Confidential Information. Each Party expressly acknowledges that the Confidential Information of the other Party may consist of trade secrets and proprietary information having significant commercial value, and that knowledge of all or any part of the Confidential Information would potentially yield a competitive advantage over others not having such knowledge. Accordingly, neither Party will (a) use the Confidential Information of the other Party except to exercise rights or perform obligations under this Agreement or (b) disclose the Confidential Information of the other Party to any third party except to Recipient’s directors, employees, or consultants to the extent necessary to carry out the purposes of this Agreement, provided that all such recipients are obligated by a written agreement containing confidentiality obligations at least as stringent as described herein. Each Party will take such steps as may be reasonable in the circumstances, or as may be reasonably requested by the other party, to prevent any unauthorized disclosure, copying or use of the Confidential Information by such third parties. Each Party may also disclose Confidential Information to the extent required by judicial or governmental order or as necessary to comply with any applicable law or regulation governing regulated businesses or the issuance of securities to the public, provided that the party making the disclosure gives the other party reasonable notice prior to such disclosure and, in the case of a judicial or governmental order, complies with any applicable protective order or equivalent. Recipient agrees to exercise due care in protecting Discloser’s Confidential Information from unauthorized use and disclosure, and at a minimum will use at least the degree of care a reasonable person would use with respect to Confidential Information of similar sensitivity. Recipient will promptly notify Discloser if Recipient becomes aware of any unauthorized disclosure or access to Discloser’s Confidential Information, or any security incident that may result in any unauthorized disclosure or access to Discloser’s Confidential Information and will cooperate with Discloser to remedy any such unauthorized disclosure or access and/or secure such Confidential Information.

Exclusions. Confidential Information herein will not include information that: (a) Recipient can demonstrate by its written records to have had in its possession prior to disclosure by Discloser; (b) was part of the public knowledge or literature, not as a result of  any action or inaction of Recipient; (c) was subsequently disclosed to Recipient from a  source other than Discloser who was not bound by an obligation of confidentiality to Discloser; or (d) Recipient can demonstrate by its written records to have been independently developed by Recipient without the use, directly or indirectly, of any Confidential  Information.

10. Audit

This Section 10 (Audit) only applies when you use the Mistral AI Products on Your Infrastructure and through a Reseller.

During the Term and for one (1) year thereafter, Mistral AI may, at its own expense and with thirty (30) business days' notice, conduct audits (up to one (1) audit per year) to ensure your compliance with Sections 2.1 (License) and 7.5 (Effects of Termination). You agree to provide all relevant documents and grant access to your premises and computer systems to enable Mistral AI to assess Customer’s compliance with this Agreement. Audits will be conducted by a third-party company selected by Mistral AI, free from any competitive interests with you and bound by professional confidentiality. You agree to cooperate in good faith with the appointed third-party auditor, providing necessary information and responding to audit-related inquiries. Audits must not unduly disrupt your business operations. If the audit reveals unauthorized use of the Mistral AI Products or Confidential Information, Mistral AI may: (a) instruct Reseller to charge you additional fees that you should have paid due to such unauthorized use; or (b) mandate the destruction of unauthorized versions or copies of the Mistral AI Products and/or Confidential Information. In the event of audit findings indicating Customer’s breach of the Agreement, the costs of the audit will be borne by Customer only. 

11.  General Provisions

Assignment. You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Mistral AI Product.

Force Majeure. Neither party will be liable to the other for any delay or failure to perform any obligation under these Terms (except for a failure to pay fees) if such delay or failure is due to unforeseen events beyond the reasonable control of such party.

Independent Contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created between the parties under these Terms. Neither party will have the power to bind the other or incur obligations on the other party’s behalf without the other party’s prior written consent.

No Third-Party Rights. There are no third-party beneficiaries to these Terms.

Waivers. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or of any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

Entire Agreement; severability. Unless otherwise agreed in writing between you and Mistral AI, these Terms, constitute the entire agreement between you and us concerning the Mistral AI Products. Any statements or comments made between you and any of our employees or representatives are expressly excluded from these Terms and will not apply to you or us, or to your access to or use of the Mistral AI products. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.

Governing law and venue. (a) Unless you are located in the United States, the laws of France will govern all disputes arising out of or relating to these Terms (including any applicable Additional Terms), or related Mistral AI Products, regardless of conflict of laws rules. These disputes will be resolved exclusively in the courts located in Paris, France, and you and Mistral AI consent to personal jurisdiction in those courts. (b) If you are located in the United States, California law will govern all disputes arising out of or relating to these Terms (including any applicable Additional Terms), or related Mistral AI Products, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Mistral AI consent to personal jurisdiction in those courts.

 

Effective as of March 31 2025

1. What is a cookie ? 

A cookie is a small text file that is temporarily stored on your device, such as a computer, tablet, smartphone, or other device, when you access our website or our services such as Le Chat or La Plateforme. 

These cookies enable us to distinguish you from other users, remember your preferences, and analyze how you interact with our services to improve them. Cookies also allow us to display personalized advertisements on our website or on other websites. They do not directly identify you, but can offer a more personalized web experience.

2. What cookies do we use ? 

Technically required cookies. These cookies are essential for the operation of our website and our services and cannot be disabled through our cookie banner. They are typically activated in response to your actions, such as configuring privacy settings, logging in, or completing forms. While you can configure your browser to block or notify you about these cookies, doing so may impair the functionality of certain parts of the site. These cookies do not collect or store any personally identifiable information.

• Cloudflare
  • Cookies: __cf_bm, _cfuvid
  • Purpose: Security and rate limiting rules. 
  • Privacy Policy: https://www.cloudflare.com/privacypolicy/
  • Provider: Cloudflare
  • Domain: mistral.ai

• Intercom
  • Cookies: intercom-device-id, intercom-id,  intercom-session
  • Purpose: Support chatbot.
  • Privacy Policy: https://www.intercom.com/help/en/articles/2361922-intercom-messenger-cookies
  • Provider: Intercom
  • Domain: chat.mistral.ai

• Mistral AI
  • Cookies: NEXT_LOCALE
  • Purpose: Language preferences.
  • Domain: chat.mistral.ai
• Ory
  • Cookies: ory_kratos_continuity, ory_session_
  • Purpose: Authentication.
  • Privacy Policy: https://www.ory.sh/legal/privacy
  • Provider: Ory
  • Domain: chat.mistral.ai

Analytics. We use analytics cookies to count visits and track traffic sources. These cookies help us measure and improve our website's performance. For instance, they show us which pages are popular and how visitors navigate our website or our services, through aggregated and anonymous statistics. Without these cookies, we are not able to monitor the performance of our website or count your visit on our services.

• Google Analytics
  • Cookies: _ga, _gid, _gat, _gac_<property-id>
  • Purpose: We use these cookies to count the visits and measure performance of our website.
  • Privacy Policy: https://business.safety.google/adscookies/
  • Provider: Google
  • Domain: mistral.ai 
• Posthog
  • Cookies: ph_, ph_phc, _rdt_uuid
  • Purpose: We use these cookies to analyse the way you interact with our website in order to improve it.
  • Privacy Policy: https://posthog.com/privacy
  • Provider: Posthog.
  • Domain: chat.mistral.ai 

Marketing. Marketing cookies, set by our partners, help us deliver more effective marketing by showing relevant ads on other websites. These cookies do not allow us to directly identify you, but use your browser and device's unique ID to display those ads, to provide aggregated reporting, and track when marketing content has been shown to you. Without these cookies, you will see less targeted ads, but our services will still function.

• X
  • Cookies: personalization_id, guest_id, twid
  • Purpose: Track your interactions with the posts or ads we display on X to measure the performance of our marketing campaigns.
  • Privacy Policy: https://help.x.com/en/rules-and-policies/x-cookies
  • Provider: X
  • Domain: mistral.ai

 

• Meta
  • Cookies: _fbp, fr, datr
  • Purpose: Track your interactions with the posts or ads we display on Meta to measure the performance of our marketing campaigns
  • Privacy Policy: https://www.facebook.com/privacy/policies/cookies?subpage=subpage-1.7
  • Provider: Meta
  • Domain: mistral.ai

3. Cookie management

Upon your initial visit on our website or our services, a banner will prompt you to accept or disallow cookies that are not strictly necessary for the website's operation, categorized by type of cookie. 

Within this banner, you will find a list of cookies that may be placed on your device. You have several options to control and manage cookies through this banner. Blocking cookies may affect your experience and limit access to certain parts of our website or services.

You can change your cookie settings at any time by clicking on “Privacy Choices” in the footer of our website. 

You can also change your cookies preferences directly on your browser. The configuration for each browser is different. For guidance, here are some examples of configuration pages for different browsers: 

• For Chrome: https://support.google.com/chrome/answer/95647?hl=en&hlrm=en

• For Internet Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies

• For Safari: https://support.apple.com/en-ph/guide/safari/sfri11471/mac

• For Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

• For Opera: https://blogs.opera.com/news/2015/08/how-to-manage-cookies-in-opera/

In any case, you will find more information on behavioural advertising and privacy protection on the Internet on this website: http://www.youronlinechoices.com/fr/.