Mistral AI vs Midjourney
Side-by-side comparison of the Terms of Service and Privacy Policy of Mistral AI and Midjourney.
The documents offer strong transparency, EU consumer protections, account-level deletion/export controls, and no mandatory arbitration. However, prompt/output data may be used for training by default in some plans, retention can be lengthy for some records, and subscriptions auto-renew with generally non-refundable payments.
Mistral AI’s EU consumer terms are relatively transparent and include useful user controls like export, deletion, and an opt-out for model training. The main tradeoffs are that some prompts/outputs may be used for model training unless you opt out, conversations can persist until deletion, subscriptions auto-renew, and liability is limited. The service does preserve court access for EEA users and does not impose mandatory arbitration.
Points of interest
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negative ●●●●○ termsTraining on user content
Mistral may use your prompts and outputs to train models on free subscriptions and some Le Chat paid plans unless you opt out. That means your AI interactions may help improve the model by default in those cases.
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positive ●●●●○ termsNo mandatory arbitration
EEA consumers can bring claims in their home-country courts or in Paris, and mediation is voluntary rather than forced. This preserves the practical right to sue in court.
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positive ●●●●○ privacyTraining opt-out control
You can object to use of your input/output for model training directly in account settings. This gives users a meaningful privacy control without needing to contact support first.
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positive ●●●●○ privacyExport and deletion tools
Mistral provides self-serve controls to export data and delete your account, plus a switching process to move to another provider. This improves portability and makes exit less burdensome.
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negative ●●●○○ privacyConversations kept until deleted
Le Chat inputs and outputs may remain stored until you delete the conversation or your account. If you do not actively clean up chats, they can persist indefinitely.
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negative ●●●○○ privacyLong record retention
Some account-related records are retained for years, including invoices for 10 years and certain identity/support records for 5 years. Even after account deletion, not all data disappears immediately.
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negative ●●●○○ termsBroad moderation powers
Mistral may automatically monitor use, review content, and remove or restrict data or suspend accounts for breaches, legal compliance, or risk. This can be important if you rely heavily on the service.
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positive ●●●○○ privacyNo sale or targeted ads
For covered U.S. users, Mistral says it did not sell, share, or use personal data for targeted advertising in the past 12 months. This is a favorable signal against ad-tech style exploitation.
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negative ●●○○○ termsAuto-renewing subscriptions
Paid plans renew automatically until canceled, and cancellation only stops the next renewal rather than producing a prorated refund. Users need to cancel in advance to avoid another charge.
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negative ●●○○○ termsMostly non-refundable payments
Payments are generally non-refundable, although EEA consumers do get a 14-day withdrawal right. After that window, canceling usually just preserves access through the current term.
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negative ●●○○○ termsLiability is limited
The company excludes liability for unforeseeable losses, losses not caused by its breach, and events beyond its control, while preserving non-excludable consumer rights. That may narrow recovery for some service problems.
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negative ●●○○○ termsTerms can change
Mistral may update the terms and privacy policy over time. The terms promise 30 days' notice for material changes, which is better than silent updates but still allows unilateral changes.
Documents
Midjourney offers meaningful user rights like asset ownership, deletion/access/portability tools, payment-card minimization, and notice of law-enforcement requests where allowed. But these are offset by a perpetual content license, public-by-default sharing, mandatory arbitration, broad unilateral service changes, nonrefundable subscription periods, advertising-related sharing, and sweeping liability limitations.
Midjourney’s terms are mixed: users generally own creations, but the service takes a perpetual license to user content and makes content public/remixable by default. The company reserves broad control over service changes, suspensions, pricing, and refunds. Its privacy policy is relatively transparent and offers access, deletion, portability, and some opt-out controls, especially for EEA/UK/Swiss and California users, but it collects broad usage and content data and uses advertising cookies.
Points of interest
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negative ●●●●● termsPerpetual license to content
Even if you own your creations, you give Midjourney an irrevocable, worldwide, royalty-free license to use, display, modify, sublicense, and distribute your inputs and outputs forever. This survives account termination.
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negative ●●●●● termsPublic and remixable by default
Your prompts and creations are generally public and can be remixed by others unless you use paid stealth features. Even then, content shared in places like Discord chatrooms may still be visible to others.
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negative ●●●●○ termsMandatory arbitration clause
Disputes must go to binding arbitration in Santa Clara County instead of court, and you waive jury trial rights. This usually makes it harder to bring claims in a public court.
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negative ●●●●○ termsCan change or end service
Midjourney can modify features, algorithms, pricing, or discontinue the service at any time, and continued use means acceptance of updated terms. This creates uncertainty if you rely on specific tools or policies.
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negative ●●●●○ termsBroad liability limits
The service is provided as-is, with broad warranty disclaimers, and Midjourney caps its liability to fees paid in the prior 12 months. Users also agree to indemnify the company for third-party claims related to their use.
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positive ●●●●○ termsUsers generally own outputs
Midjourney says you own assets you create, which is a significant user benefit compared with some AI services. However, larger companies need a higher-tier plan to keep that ownership.
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positive ●●●●○ privacyAccess, deletion, portability rights
The privacy policy offers account-based ways to access, delete, correct, restrict, object to processing, and port data for certain regions, with California rights too. That gives users meaningful control over their information.
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negative ●●●○○ termsNonrefundable current period
You can cancel anytime, but Midjourney says you will not get a refund for the current subscription period. That can matter if the service changes, disappoints, or your account is terminated mid-cycle.
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negative ●●●○○ privacyBroad data use and sharing
Midjourney collects prompts, uploads, IP address, usage data, cookies, and some third-party data, and may share data with service providers, analytics and advertising partners, and in business transfers. This is broader than a minimal-data service.
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positive ●●●○○ privacyDoesn't store card details
Midjourney says payment cards are handled by third-party processors and it keeps only payment confirmation. That reduces the amount of sensitive financial data held directly by Midjourney.
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positive ●●●○○ privacyLaw-enforcement notice promise
If law enforcement requests your personal data, Midjourney says it will promptly notify you and provide a copy unless legally prohibited. That is a useful transparency commitment not all services make.
Documents
Comparison is based on each service's published Terms of Service and Privacy Policy. Read the source documents linked above before relying on any specific clause.