Commercial Terms of Service

These Terms of Service for Commercial Users (“Terms”), together with the additional terms and policies referenced herein (“Additional Terms”), govern the use of Mistral AI Studio, Vibe, and the other websites, products, softwares, services, and technologies we offer (collectively, the “Mistral AI Products”) by the organization, company, or other entity that you represent (“Customer”). The Mistral AI Products are provided by Mistral AI, a French limited joint-stock corporation, incorporated in Paris, under number 952 418 325, having its registered offices at 15 rue des Halles, 75001 Paris, France, or its affiliate as specified in an Order Form (“Mistral AI”). Customer and Mistral AI are individually referred to herein as a “Party”, and collectively as the “Parties”.

If you are an individual consumer, please reference the Terms of Service (EU Consumer) or Terms of Service (Consumers Outside of the EU) (based on where you reside), for the general terms applicable to your personal use of the Mistral AI Products.

By (a) clicking on “I agree” (or any similar button or checkbox) at the time you sign up for a Mistral AI Product, (b) executing an Order Form referencing these Terms, or (c) otherwise accessing or using any of the Mistral AI Products on behalf of Customer, you represent that you have the legal authority to bind Customer and are agreeing to these Terms (including our Usage Policy, applicable Additional Terms post at https://www.legal.mistral.ai/terms/additional-terms, and other applicable terms posted at https://legal.mistral.ai/terms), which constitute a binding agreement between Customer and Mistral AI as of the date of such acceptance.

1. Accessing the Mistral AI Products

1.1. Customer Infrastructure. Any access to or use of Mistral AI Products on infrastructure that Customer owns or controls (e.g., Customer’s private servers or private cloud) (“Customer Infrastructure”) must be expressly authorized by Mistral AI in an Order Form, and such access and use will be subject to these Terms, such Order Form, and the Additional Terms for Use of Mistral AI Products on Customer Infrastructure.

1.2. Partner Infrastructure. Any access to or use of Mistral AI Products on infrastructure that is owned by a third-party partner authorized to resell or otherwise market the Mistral AI Products (“Partner Infrastructure”) must be expressly authorized by such third-party partner in its applicable ordering documentation. In addition to any third-party partner terms, unless otherwise specified therein, such access and use will be subject to these Terms and the Partner Served - Deployment Terms.

1.3. Mistral AI Infrastructure. Any use of Mistral AI Products on Mistral AI’s infrastructure (“Mistral AI Infrastructure”), which includes any use of the Mistral AI Products that does not occur on Customer Infrastructure or Partner Infrastructure, will be subject to these Terms and the Additional Terms for Use of Mistral AI Products on Mistral AI Infrastructure.

1.4. Customer Responsibilities. Customer is solely responsible for any activities conducted (a) through or under its Customer Account (including End User Accounts), (b) in connection with Customer Infrastructure, or (c) in connection with Customer Offerings. For clarity, Customer is solely responsible for (i) actions of any End User, and (ii) obtaining appropriate consents or permissions from End Users required for Customer’s compliance with these Terms. “Customer Account” means the administrative account created by Customer for use of Mistral AI Products on Mistral AI Infrastructure. “Customer Offering” means Customer’s own products and services that it makes available to third parties which involve use of the Mistral AI Products. “End User” means anyone who accesses the Mistral AI Products through or under a Customer Account, in connection with Customer Infrastructure, or in connection with a Customer Offering. “End User Account” means an End User account created by Customer under its Customer Account to enable End Users to receive direct access to the Mistral AI Products on Mistral AI Infrastructure.

1.5. Customer Affiliates. If a Customer Affiliate wishes to access Mistral AI Products on a separate workspace (apart from the Customer Account), such Customer Affiliate must separately accept these Terms or enter into a separate Order Form with Mistral AI. “Affiliate” means, with respect to either Party, any other person or entity that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, that Party.

2. Using the Mistral AI Products

2.1. Customer Usage. Subject to Customer’s compliance with these Terms, Mistral AI grants Customer a limited, non-exclusive, non-transferrable (except as provided in Section 14.2 (Assignment)), non-sublicensable (except to its End Users) license to access and use the Mistral AI Products.

2.2. Use Restrictions. Customer will not, and will not permit any other person (including any End User) to:

(a) use the Mistral AI Products or Outputs in a manner that violates any applicable laws (including sanctions and export control laws), these Terms, our Usage Policy, or any of our policies (including those posted at https://legal.mistral.ai/terms, which may be updated from time to time);

(b) use the Mistral AI Products in a manner that infringes, misappropriates, or otherwise violates any third party’s rights, including intellectual property or privacy rights, such as by intentionally using the Mistral AI Products to generate Outputs similar to or in the style of content covered by third party rights;

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

(d) attempt to reverse engineer, decompile, or otherwise attempt to discover the source code or underlying components (e.g., algorithms, weights, or systems) of the Mistral AI Products, including using the Output or any modified version of the Output to do any of the foregoing (except to the extent this restriction is prohibited by applicable law);

(e) use the Output or any modified version of the Output to reverse engineer the Mistral AI Products;

(f) compromise or attempt to 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;

(g) use any method to extract any content from the Mistral AI Products other than as permitted through the Mistral AI Products in accordance with these Terms; or

(h) buy, sell, or transfer API keys or any type of Mistral AI account from, to, or with a third party; or

(i) integrate or combine Vibe with your own products you offer to third-parties including any other software, hardware, or other technology, nor grant any third party access to the Mistral AI Products without our prior written authorization or except as provided under these Terms.

Customer will maintain and enforce restrictions substantially equivalent to those included in this Section 2.2 (Use Restrictions) with its End Users.

2.3. Beta Products. Mistral AI may, in its sole discretion, make certain beta software or services (“Beta Products”) available to Customer for Customer’s internal evaluation and testing purposes only. Customer will not distribute, or otherwise provide access to, Beta Products to any third party. Customer acknowledges that any Beta Products are not a finished product, are provided solely on an “as-is” basis without any warranties of any kind (and excluding any warranties applying to the Mistral AI Products more broadly in Section 7 (Warranties; Disclaimer)), and may contain defects, errors, or incomplete features. Customer’s use of any Beta Products is solely at its own risk. Mistral AI may terminate or suspend access to the Beta Products at any time in Mistral AI’s sole discretion without liability.

2.4.Feedback. Customer may provide feedback to Mistral AI in connection with its use of the Mistral AI Products (collectively, “Feedback”). By providing Feedback, Customer acknowledges and agrees that Mistral AI may use, copy, disclose, license, distribute, and exploit such Feedback, along with the Customer Data and Output associated with such Feedback, in any manner without any obligation, royalty, or restriction based on intellectual property rights or otherwise. For clarity, Feedback will not be considered Confidential Information of Customer, and nothing in these Terms will limit Mistral AI’s right to independently use, develop, evaluate, or market products, services, or technology, whether incorporating Feedback or otherwise.

3. Customer Data and Outputs

3.1. Generally. Customer may provide data to the Mistral AI Products, such as prompts (including in the form of text, audio, video, or other media), fine-tuning data, or agent instructions (“Customer Data”), and receive content generated from the Mistral AI Products in response to Customer Data (“Output”). For clarity, the following do not constitute Output: (a) any component of the Mistral AI Products (including Model weights or parameters) and (b) any third-party content displayed on or through the Mistral AI Products to help Customer understand Output, such as hyperlinks, snippets or thumbnails, for which Customer is only granted a right to view and read (“Third-Party Content”) do not constitute Output. To the extent permitted by applicable law, Customer (i) retains all ownership rights in Customer Data and (ii) owns all Output. Mistral AI hereby assigns to Customer all right, title, and interest, if any, in and to Output that Mistral AI may have.

3.2. Responsibility for Customer Data and Outputs. Customer is responsible for all Customer Data provided through its Customer Account (including End User Accounts) and its End Users, and represents and warrants that Customer has and will maintain all rights, licenses, and permissions required to provide such Customer Data to the Mistral AI Products. Customer is solely responsible for all use of the Outputs and evaluating the Output for improper bias, accuracy, responsiveness, and appropriateness for Customer’s use case. Customer may not represent or imply that the Output was generated by a human when it was generated by the Mistral AI Products. Mistral AI may, in its sole discretion, provide Output filters for certain Mistral AI Products that give Customer further ability to control and evaluate Output. If Customer deactivates these filters, Customer is solely responsible for the Output that is generated.

3.3. Output Restrictions. To the extent permitted by applicable law, Customer may not use image Outputs to develop or train any image generation product that competes with a Mistral AI Product.

3.4. Similarity of Output. Due to the nature of the Mistral AI Products, Customer’s Output may be similar or identical to the response generated for another user of the Mistral AI Products. Mistral AI provides no guarantees that Customer’s Output will be unique. Any responses generated for other users by the Mistral AI Product are not considered Customer’s Output even if similar or identical to Customer’s Output.

3.5. Output Accuracy. Mistral AI Products are based on large language models (LLMs), a probabilistic technology that is continually evolving. For this reason, Outputs may occasionally be inaccurate. Mistral AI Products are not authoritative or infallible sources of information. Customer should not rely on Output generated by Mistral AI Products as the sole source of truth or as a substitute for professional advice (e.g., legal, tax, or medical). Use the Mistral AI Products with caution: always verify the reliability, accuracy, and completeness of the Output before relying on it for any purpose or otherwise making it available to third parties.

4. Mistral AI Use of Customer Data and Outputs

4.1. Providing the Mistral AI Products. Customer grants Mistral AI a worldwide, non-exclusive, non-transferable (except as permitted in Section 14.2 (Assignment)), royalty-free, fully-paid license (with the right to sublicense to our service providers) to use Customer Data and Outputs for the purposes of (a) providing, maintaining, and optimizing the Mistral AI Products, which includes debugging, assessing, reviewing, and correcting the performance of the Mistral AI Products but excludes model training, and (b) performing our obligations under these Terms or the Additional Terms.

4.2. Training. Mistral AI will not use Customer Data or Outputs to train its artificial intelligence models except (a) for Customer Data or Outputs used or generated in connection with the use Mistral AI Products under a free subscription, Vibe Pro or Vibe Teams, where Customer has not opted-out of training, (b) when Customer or an End User provides Feedback to Mistral AI, (c) when Customer Data our Outputs are flagged as part of Mistral AI’s automated moderation or reported by a user under the Additional Terms, (d) as otherwise may be provided in an Order Form or (e) when Customer uses Labs Models. Customer grants Mistral AI a perpetual, irrevocable, worldwide, non-exclusive, non-transferable (except as permitted in Section 14.2 (Assignment)), royalty-free, fully-paid license (with the right to sublicense to our service providers) to use Customer Data and Outputs solely as provided in the preceding sentence to train Mistral AI’s artificial intelligence models. Notwithstanding anything to the contrary, the foregoing Customer Data and Outputs will not be considered Customer Confidential Information.

4.3. Labs Models. Mistral AI may provide its commercial Customers access to experimental or pre-release models identifiable by the prefix “labs” in AI Studio (“Labs Models”) for testing purposes. Labs Models are exclusively available to Mistral AI’s commercial Customers and are restricted to professional use only. By using Labs Models, you acknowledge that (i) Mistral AI may use Customer Data and Outputs generated from Labs Models to train its artificial intelligence models, unless you have activated zero data retention, and (ii) the opt-out preferences you selected for other Mistral AI Products does not apply to Labs Models. If you do not want your data or outputs used for training, do not use Labs Models.

5. Mistral Materials

5.1. Reservation of Rights. As between Customer and Mistral AI, Mistral AI owns all right, title, and interest in and to the Mistral AI Products, including all intellectual property rights therein. Customer solely receives the limited right to use the Mistral AI Products as explicitly granted in these Terms and any applicable Additional Terms. Mistral AI reserves all other rights associated with the Mistral AI Products.

6. Confidentiality

6.1. Definition of Confidential Information. “Confidential Information” means any non-public data, information, or material disclosed by either party (the “Disclosing Party”) to the other (the “Receiving Party”), whether in written, oral, electronic, or other form, that is marked as confidential or, given the nature or circumstances of disclosure, should reasonably be understood as confidential. The Confidential Information of Mistral AI includes (a) Mistral AI’s trade secrets and proprietary technology, (b) technical, operational, or commercial information (including performance information), (c) information concerning any Beta Products, and (d) all models, weights, and related documentation. Except for the limited exclusions provided in Section 2.4 (Feedback), Section 4.2 (Training), and Section 6.2 (Exclusions), Confidential Information of Customer includes Customer Data and Outputs.

6.2. Exclusions. Confidential Information does not include information that: (a) was already lawfully known to the Receiving Party before disclosure; (b) is or becomes publicly available through no fault of the Receiving Party; (c) is lawfully obtained from a third party without restriction; or (d) is independently developed by the Receiving Party without reliance on the Disclosing Party’s confidential materials.

6.3. Obligations. The Receiving Party agrees to use Confidential Information solely for the purpose of fulfilling its obligations under this Agreement and to protect it with at least the same degree of care as it uses to protect its own confidential information, but in no event less than a reasonable degree of care. For clarity, Mistral AI may disclose Customer’s Confidential Information (a) to those employees, contractors, and service providers with a need to know such information for the provision of the Mistral AI Products (or as otherwise contemplated in an Order Form) and that are bound by terms substantially consistent with this Section 6 (Confidentiality) or (b) as required by applicable law; provided that Mistral AI will attempt to notify Customer (if permitted) prior to any such disclosure.

7. Warranties; Disclaimer

7.1. Mutual Warranties. Each Party represents and warrants that: (a) it has the power and authority to enter into these Terms; and (b) it will perform its obligations under these Terms with reasonable care and skill.

7.2. By Mistral AI. In addition to Section 7.1 (Mutual Warranties), Mistral represents and warrants that the Mistral AI Products will substantially perform in accordance with the documentation available at https://docs.mistral.ai (as may be updated from time to time) or otherwise provided by Mistral AI to Customer (“Documentation”).

7.3. By Customer. Customer represents and warrants that Customer will use the Mistral AI Products in accordance with applicable law, these Terms, and any applicable Additional Terms.

7.4. Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS SECTION 7 (WARRANTIES; DISCLAIMER), THE MISTRAL AI PRODUCTS, DOCUMENTATION, AND CONFIGURATION RECOMMENDATIONS ARE PROVIDED 'AS IS,' WITHOUT ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE-CASE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, WHETHER IMPLIED, EXPRESS, OR STATUTORY. MISTRAL AI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE MISTRAL AI PRODUCTS, DOCUMENTATION, OR CONFIGURATION RECOMMENDATIONS, OR THEIR SUITABILITY FOR CUSTOMER'S SPECIFIC REQUIREMENTS, THAT THE USE OF THE MISTRAL AI PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THE QUALITY OR ACCURACY OF OUTPUTS.

8. Indemnification

8.1. By Mistral AI. Subject to Section 8.2 (Exclusions), Mistral AI will indemnify, defend, and hold Customer harmless against any liabilities, damages, and costs (including reasonable attorneys’ fees) in a third-party claim to the extent that the Mistral AI Products provided by Mistral AI to Customer under this Agreement infringe such third party’s intellectual property rights.

8.2. Exclusions. Mistral AI will have no obligations under Section 8.1 (By Mistral AI) to the extent the third-party claim arises from: (a) the combination of the Mistral AI Products with Customer or third-party software, hardware, or any other equipment not provided by Mistral AI, including in connection with any Customer Offering or Customer Infrastructure; (b) modification of the Mistral AI Products or Output by any party other than Mistral AI, including but not limited to any modifications of models by Customer or any third party; (c) Customer Data; (d) Customer’s use of the Mistral AI Products or Outputs in a manner that Customer knew or reasonably should have known was likely to violate third-party rights or applicable laws; (e) Customer’s breach of these Terms (or any applicable Additional Terms); or (f) Customer’s failure to comply with applicable laws and regulations.

8.3. By Customer. Customer will indemnify, defend, and hold Mistral AI and its affiliates and licensors harmless against any liabilities, damages, and costs (including reasonable attorneys’ fees) in a third-party claim to the extent arising from: (a) use of the Mistral AI Products in violation of these Terms (or any applicable Additional Terms); (b) Customer Data; or (c) any Customer Offering.

8.4. Procedure. The indemnification obligations in this Section 8 (Indemnification) are subject to the indemnifying Party (a) receiving a prompt written notice of such claim from the indemnified Party, (b) being granted the exclusive right to control and direct (including the authority to select legal counsel) the investigation, defense, or settlement strategy of such claim, and (c) benefitting from all reasonable necessary cooperation and assistance, including access to the relevant information, by the indemnified Party at the indemnifying Party’s expense. Any settlement requiring the indemnified Party to admit liability, pay money, or take (or refrain from taking) any action, will require the indemnified Party’s prior written consent.

8.5. Sole and Exclusive Remedies. The remedies in this Section 8 (Indemnification) are the sole and exclusive remedies for any third-party claim that the Mistral AI Products or Customer Data infringe third-party intellectual property rights.

9. Exclusion of Damages; Limitation of Liability

9.1. Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY OR THEIR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (OTHER THAN A BREACH OF SECTION 6 (CONFIDENTIALITY)), OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF A PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE BY THE OTHER PARTY.

9.2. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EXCEPT FOR (A) EITHER PARTY’S (I) GROSS NEGLIGENCE, (II) WILLFUL MISCONDUCT, OR (III) BREACH OF OBLIGATIONS UNDER SECTION 6 (CONFIDENTIALITY), OR (B) CUSTOMER’S (I) BREACH OF ITS OBLIGATIONS UNDER SECTION 2.2 (USE RESTRICTIONS) OR SECTION 10 (FEES AND PAYMENT) OR (II) OBLIGATIONS UNDER SECTION 8 (INDEMNIFICATION), EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE MISTRAL AI PRODUCTS WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY CUSTOMER TO MISTRAL AI IN THE TWELVE (12) MONTHS PRECEDING THE EVENT(S) GIVING RISE TO THE CLAIM.

10. Fees and Payment

10.1. Pricing. Pricing for Customer’s use of the Mistral AI Products may be found on the Mistral AI pricing page unless otherwise agreed upon by the Parties, including in a written ordering document executed by Customer and Mistral AI (each, an “Order Form”).

10.2. Payments. Except as otherwise set forth in the applicable Order Form (if any), Customer will pay all fees due hereunder for its use of the Mistral AI Products (“Fees”) within thirty (30) days from the date of the invoice. Where Customer has a Customer Account, Fees will be automatically charged to Customer’s payment method on a monthly basis as provided in the Order Form (or other order confirmation). All amounts paid by Customer are non-refundable, non-cancellable, and non-creditable.

10.3. Taxes. Fees are exclusive of all Taxes. Customer is responsible for settling any applicable taxes, fee levies, duties, or similar governmental charges (collectively, “Taxes”) that may be levied on top of the Fees and must pay Mistral AI under this Agreement without any deductions related to Taxes. If Mistral AI is required to collect or pay any Taxes, they will be invoiced to Customer unless Customer promptly provides a valid tax exemption certificate regarding such Taxes to Mistral AI. If Customer is obligated by law to withhold Taxes from any payments under these Terms, Customer agrees to increase the payment amount to ensure that Mistral AI receives the full agreed-upon Fees notwithstanding these deductions. In such cases, Customer will be solely responsible for remitting the withheld amounts to the relevant authorities.

Payment Disputes. In the event of a good-faith dispute as to an invoice, Customer must (a) pay all undisputed Fees, and (b) notify Mistral AI at support@mistral.ai within fifteen (15) days of the invoice issuance of such good-faith dispute with sufficient detail to explain the basis of such dispute.

11. Term, Suspension, and Termination

11.1. Term. These Terms will commence on the earlier of (a) the date Customer first uses the Mistral AI Products or (b) the date Customer accepts these Terms (including by executing an Order Form). These Terms will continue for the term specified in the applicable Order Form (if any) or until terminated as provided in this Section 11 (Term, Suspension, and Termination).

11.2. Termination by Customer. If there are no Order Forms then in effect between Customer and Mistral AI, Customer may cease its use of the Mistral AI Products at any time and terminate these Terms, subject to fulfilling any outstanding payment obligations (and without any right of a refund of any prepaid fees).

11.3. Suspension or Termination by Mistral AI. Mistral AI reserves the right to immediately suspend or terminate Customer’s Mistral AI account or Customer’s access to all or part of the Mistral AI Products (including any End User) if: (a) Customer breaches these Terms or Mistral AI’s policies (including Mistral AI’s Usage Policy), (b) Customer fails to pay any Fees when due, (c) necessary to comply with applicable law, or (d) in Mistral AI’s business judgment, Customer’s continued use of the Mistral AI Products would cause serious risk of harm to Mistral AI or anyone else. Customer may appeal any suspension or termination in connection with Customer’s Customer Account or an End User Account by contacting Mistral AI at support@mistral.ai.

11.4. Effects of Termination. In the event of termination, Customer must pay all outstanding Fees, including any unpaid invoices and other charges incurred up to the termination date. Customer’s right to use the Mistral AI Products under these Terms will immediately cease upon termination or expiration of these Terms. Customer may not be able to export Customer Data or Outputs once its Customer Account is terminated. If Customer desires to export any Customer Data or Outputs from its Customer Account, Customer must complete such export prior to terminating its account.

11.5. Survival. In the event of expiration or termination of these Terms for any reason, all payment obligations incurred during the term of these Terms and the following Sections will survive, in their relevant parts, each for the duration necessary to achieve its own intended purpose: Section 1.1 (Customer Infrastructure), Section 1.2 (Partner Infrastructure), Section 1.3 (Mistral AI Infrastructure), Section 2.2 (Use Restrictions), Section 2.4 (Feedback), Section 3.3 (Similarity of Outputs), Section 3.4 (Output accuracy), Section 3.5 (Outputs), Section 4 (Mistral AI Use of Customer Data and Outputs), Section 5 (Mistral AI Materials), Section 6 (Confidentiality), Section 7.4 (Disclaimer), Section 8 (Indemnification), Section 9 (Exclusion of Damages; Limitation of Liability), Section 10 (Fees and Payment), Section 11.4 (Effects of Termination), Section 11.5 (Survival), Section 14 (General Terms), and Section 16 (Mobile Applications).

12. Privacy

12.1. Definitions. In the context of these Terms, each Party will comply with Applicable Data Protection Law. The terms “Data Controller”, “Data Processor”, “Data Subjects”, “Personal Data”, and “Process” as used in this Agreement will have the meanings set out in the Applicable Data Protection Law. “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, the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable since 25 May 2018.

12.2. Mistral AI as Data Controller. Mistral AI collects and Processes Customer’s Personal Data as a Data Controller in accordance with Mistral AI’s privacy policy (available as of the date hereof at https://legal.mistral.ai/terms/privacy-policy; provided that Mistral AI may update such URL from time to time).

12.3. Mistral AI as Data Processor. If Customer uses the Mistral AI Products on Mistral Infrastructure, Mistral AI may Process Personal Data on behalf of Customer as a Data Processor. In such case, the Data Processing Agreement available at https://legal.mistral.ai/terms/data-processing-addendum (or such other URL as Mistral AI may provide from time to time) will apply between the Parties.

13. Updates to Terms; Additional Terms

13.1. Updates to Terms. Mistral AI may update these Terms (including all applicable Additional Terms, our Usage Policy, and other terms posted at https://legal.mistral.ai/terms) at any time in accordance with the following procedures.

13.2. Customer Notification. Mistral AI will notify Customer of any material updates to the Terms either via email or a Customer Account notification.

13.3. Update Effective Date. Material updates to the Terms become effective thirty (30) days after notice is provided to Customer. Any updates that are not material become effective immediately upon being posted at https://legal.mistral.ai/terms.

13.4. Objection to Updates. If any update has a material adverse effect on Customer, then Customer may object to the update by notifying Mistral AI within thirty (30) days after Mistral AI provides notice or otherwise posts such updated Terms at https://legal.mistral.ai/terms. If Customer notifies Mistral AI as described in this Section 13.4 (Objection to Updates), then Customer (i) shall not use any new features, functionalities, or Mistral AI Products introduced after the effective date of the modifications and (ii) will remain governed by the Terms in effect immediately prior to the update until the earlier of (a) the end of the then-current term specified in an Order Form, or (b) for twelve (12) months after Customer provides such objection notice to Mistral AI.

14. General Terms

14.1. Notices. Any notice or other communication required or authorized under these Terms must be in writing. Notices may be sent (a) to Customer at the email address or physical address provided at the time of entering into these Terms or otherwise associated with the Customer Account, or via an in-product notification to Customer, and (b) to Mistral AI via email at legal@mistral.ai, with a written copy to Mistral AI at the physical address above or as otherwise specified in an Order Form (and labeled “Attention: Legal”).

14.2 Assignment. Customer may not assign or transfer its rights under these Terms or subcontract its obligations herein to a third party without Mistral AI’s prior written consent. Mistral AI reserves the right to assign, transfer, or subcontract these Terms or its obligations herein to an affiliate without Customer’s prior written consent. Where Mistral AI subcontracts any of its obligations hereunder to a third party, Mistral AI will remain responsible for all acts and omissions of such third party.

14.3. Force Majeure. Neither Party will be liable for failure or delay in performing its obligations hereunder to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.

14.4. Publicity. Neither Party may use the other Party’s name, logos, or marks without the other Party’s written pre-approval in each case (email to suffice), including on websites, media, social media accounts, marketing materials, or other public statements.

14.5. 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.

14.6. No Third-Party Rights. Except as provided in Section 16 (Mobile Applications), there are no third-party beneficiaries to these Terms.

14.7. 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 Mistral AI’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. A waiver of any right or remedy under these Terms or by law is only effective if given in writing and will not be deemed a waiver of any subsequent right or remedy.

14.8. Entire Agreement. Unless otherwise agreed in writing between Customer and Mistral AI, these Terms, including our Usage Policy and any applicable Additional Terms, and any Order Forms constitute the entire agreement between Customer and Mistral AI concerning Customer’s use of the Mistral AI Products. Any statements or comments made between Customer and any Mistral AI employees or representatives are expressly excluded from these Terms and will not apply to Customer or Mistral AI, or to Customer’s access to or use of the Mistral AI Products absent a separate written agreement.

14.9. Severability. 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.

14.10. Governing Law and Venue. The governing law and venue applicable to your Terms with Mistral AI depends on the jurisdiction in which Customer is headquartered:

If located in North America or South America (“Americas Region”): CALIFORNIA LAW WILL GOVERN ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF ANY CONFLICT OF LAWS RULES. THESE DISPUTES WILL BE RESOLVED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA, AND THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
If located in the Asia-Pacific region (including China, Japan, South Korea, Singapore, Thailand, Vietnam, India, Pakistan, Bangladesh, Australia, New Zealand, and immediately proximate countries) (“APAC Region”), these Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation will be governed by and construed in accordance with the laws of the Republic of Singapore. The Parties agree that the courts of the Republic of Singapore will have exclusive jurisdiction over any disputes arising out of or in connection with these Terms or its subject matter or formation.
If not located in the Americas Region or APAC Region, these Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation will be governed by and construed in accordance with the laws of France. The Parties agree that the courts of Paris, France will have exclusive jurisdiction over any disputes arising out of or in connection with these Terms or its subject matter or formation.

14.11. Conflicts. If there is a conflict between these Terms and any other agreement between us, the agreements will control in the following order: (1) Order Form (if any); (2) Additional Terms; (3) these Terms; and (4) our policies/other Documentation.

14.12. Support. Mistral AI is solely responsible to provide the support described in our Documentation or any Order Form.

14.13. Export/Trade Controls. Customer agrees to comply with all applicable export control, economic sanctions, and trade compliance laws and regulations, including those of the European Union, the United States, and Singapore. Customer represents and warrants that: (a) neither Customer nor any of its personnel are located in or organized under the laws of any country or region subject to comprehensive sanctions or embargoes by the European Union, United States, or Singapore (including, as of the Effective Date, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine); (b) neither Customer nor any of its personnel are a person listed on any applicable government denied party, restricted party, or sanctions list, including those maintained by the U.S. Office of Foreign Assets Control (OFAC), the U.S. Department of Commerce, the European Union, or the United Nations Security Council; (c) Customer will not use, re-export, transfer, or disclose any Mistral AI Products, Output, or technical data in violation of any applicable export control or sanctions laws or regulations, including the U.S. Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), or similar laws in other jurisdictions; (d) Customer will not permit any third party to use the Mistral AI Products or Output in violation of such laws or regulations; (e) Customer will obtain all necessary government authorizations, licenses, or approvals required to export, re-export, or transfer any Mistral AI Products, Output, or technical data; and (f) Customer will not use information governed by any of the foregoing as Inputs without first obtaining all necessary government authorizations, licenses, or approvals required for such use.

15. Contacting Mistral AI

15.1. Should you have any questions, comments, or feedback regarding these Terms or the Mistral AI Products, you may reach us at:

Address: Mistral AI, 15 rue des Halles, 75001 Paris, France.

Email: support@mistral.ai Help Center: https://help.mistral.ai

16. Mobile applications

16.1. If Customer or any End Users wish to access any Mistral AI Products made available as a mobile application (each, a “Mistral AI App”), Customer or such End Users must have a compatible mobile device. Mistral AI currently makes Mistral AI Apps available for certain mobile device types in the (a) Apple App Store (each, an “iOS App”) and (b) Google Play Store (each, an “Android App”). Mistral AI does not warrant that any particular Mistral AI App will be compatible with any specific device. Use of a Mistral AI App with a mobile device may result in charges from Customer’s or an End Users’ mobile service provider, such as for the use of wireless data. Customer agrees that Customer (or its End Users, as applicable) are solely responsible for any such mobile service provider charges. Mistral AI Apps may update automatically to provide Customer or End Users with the latest version. Subject to Customer’s compliance with these Terms, Mistral AI hereby grants Customer and each of its End Users a non-exclusive, limited, non-transferable, and revocable license to use a compiled code copy of each Mistral AI App on each personal mobile device that Customer or an End User owns or controls (or such additional shared use as permitted by Apple or Google in their terms referenced below):

16.2. iOS App. The terms of this subsection apply solely to Customer’s and its End Users’ use of any iOS App. Customer and Mistral AI understand and agree that these Terms are solely between Customer and Mistral AI, and that Apple, Inc. (“Apple”) is not a party to these Terms and bears no responsibility for the iOS App or content thereof. Customer and End User access to and use of the iOS App must comply with the usage rules set forth in Apple’s latest version of the Apple Media Services Terms and Conditions and the applicable Volume Content Terms. Customer agrees that Apple has no obligation whatsoever to provide any maintenance or support services with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty in these Terms, Customer (or End User) may notify Apple, and Apple will refund the purchase price (if any) for the iOS App to Customer (or End User, as applicable). To the maximum extent permitted by applicable law, other than as provided in the immediately preceding sentence, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to confirm to any warranty will be governed solely by these Terms and any law applicable to Mistral AI as the iOS App provider. Customer and Mistral AI agree that Apple is not responsible for any claims of Customer, an End User, or any third party relating to the iOS App or use or possession thereof, including: (a) product liability claims; (b) any claim the iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. Customer agrees that, in the event of a third-party claim that the iOS App, or Customer or End User possession or use thereof, infringes such third-party’s intellectual property rights, Mistral AI, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim (to the extent required by these Terms). Customer and Mistral AI agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms as relates to Customer’s and each End User’s license of Mistral AI’s iOS App, and that, upon Customer’s acceptance of these Terms, Apple will have the right (and will automatically be deemed to have accepted the right) to enforce these Terms as related to Customer’s and each End User’s license of the iOS App against Customer or such End User as a third-party beneficiary thereof. Customer represents and warrants that: (i) Customer and its End Users are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country; and (ii) Customer and its End Users are not listed on any United States government list of prohibited or restricted parties.

16.3. Android App. The terms of this subsection apply solely to Customer’s and its End Users’ use of any Android App. Customer agrees that: (a) these Terms are between Customer and Mistral AI only, and neither Google LLC nor any affiliate thereof (collectively, “Google”) are a party to the Terms; (b) Customer and End User access to and use of the Android App must comply with Google’s latest Google Play Terms of Service; (c) Google is solely a provider of the Google Play Store where Customer or any End User obtained the Android App, meaning Mistral AI (and not Google) is solely responsible for the Android App; (d) Google has no obligation or liability to Customer or any End User with respect to the Android App or these Terms; and (e) Google is a third-party beneficiary to these Terms as they relate to the Android App.