Midjourney

Midjourney makes your images public by default and takes broad rights to use them, while paid rights depend on your plan. It disclaims liability over generated content and copyright.

🚨 Key things to watch out for

The clauses that could affect you the most. Read these even if you skip everything else.

You grant Midjourney a permanent, irrevocable, sublicensable license to use everything you input and generate — even after you leave.

4-A

Disputes must go to binding arbitration in California with a jury-trial waiver and each side paying its own legal fees, effectively blocking court and small claims.

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📋 Every clause, explained

Browse what the terms actually say — filter by severity or by topic.

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Showing 18 clauses

1Service Availability and Quality3 clauses

⚠️

No warranties / AS IS

🛡️Limits their liability

1-A

💬 Midjourney makes no promises about quality, reliability, or that your generated images won't infringe someone else's rights. You use it entirely at your own risk.

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“Both the Services and the Assets are provided to Customer on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.”

⚠️

Suspension or ban for any reason

⛔Account termination

1-B

💬 They can cut off your access whenever they want, with no reason required.

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“Midjourney reserves the right to suspend or ban Your access to the Services at any time, and for any reason.”

⚠️

Broad disclosure of your data to authorities and third parties

🔗Shares with third parties

1-C

💬 If they investigate a complaint, they can hand over your personal info, usage history, and IP address to law enforcement or other third parties.

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“disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.”

4Content Rights3 clauses

🔴

Perpetual, irrevocable license over all your content

📄Claims your content

4-A

💬 Even though you 'own' your creations, you give Midjourney a permanent, unrevokable right to use, modify, distribute, and sublicense everything you input and generate — including your uploaded photos and prompts — forever, even after you quit.

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“You grant to Midjourney, its affiliates, successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute the Content You input into the Services, as well as any Assets produced by You through the Service. This license survives termination of this Agreement by any party, for any reason.”

⚠️

Content public and remixable by default

📄Claims your content

4-B

💬 Unless you pay for a Pro/Mega plan with Stealth mode, your creations are public and anyone can use and remix them.

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“By default, Your Content is publicly viewable and remixable. As described below, You grant Midjourney a license to allow this.”

⚠️

High-revenue companies must pay to own their work

📌Other

4-C

💬 If you work for a company earning over $1M/year, you only own the images you generate if you're on a higher-tier plan — otherwise you don't own them.

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“If you are a company or any employee of a company with more than $1,000,000 USD a year in revenue, you must be subscribed to a "Pro" or "Mega" plan to own Your Assets.”

6Dispute Resolution and Governing Law3 clauses

🔴

Mandatory binding arbitration and jury waiver

⚖️Forced arbitration

6-A

💬 You cannot sue Midjourney in court or have a jury trial; disputes must go through private arbitration in California, which typically favors the company.

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“the Dispute will be resolved by binding arbitration rather than in court... You and Midjourney knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim”

⚠️

Each party bears own legal fees regardless of outcome

⚖️Forced arbitration

6-B

💬 Even if you win, you have to pay your own legal and expert costs, which can make small claims not worth pursuing.

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“Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.”

⚠️

Arbitration forced in California

📍Jurisdiction

6-C

💬 Any dispute must be handled in California, which could be inconvenient and costly if you live elsewhere.

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“The arbitration will be conducted in English in Santa Clara County, California, USA.”

8Payment and Billing3 clauses

⚠️

Can change or discontinue service and pricing anytime

📝Can change terms anytime

8-A

💬 Midjourney can change prices, remove features, or shut down parts of the service whenever it wants.

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“We reserve the right to modify or discontinue any aspect of the Service, including pricing and features, at any time.”

⚠️

No refunds on termination

⛔Account termination

8-B

💬 They can terminate your account for any reason and you don't get refunded for the period you already paid for.

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“We also reserve the right to terminate Your access to the Service for any reason... You will not be refunded for the current subscription period”

ℹ️

Third-party payment terms override this agreement

📌Other

8-C

💬 For payment matters, the payment processor's terms take priority over Midjourney's terms.

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“The third party service provider’s terms of service shall govern and supersede this Agreement in case of conflict, solely with respect to payment processing.”

2Age Requirements1 clause

ℹ️

Parents responsible for teen use

📌Other

2-A

💬 If you let your teen use Midjourney, you are legally on the hook for everything they do on it.

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“If you are a parent or legal guardian, and You allow Your teenager to use the Services, then these terms also apply to You and You are responsible for Your teenager’s activity on the Services.”

10Limitation of Liability and Indemnity3 clauses

🔴

Liability capped at 12 months of fees

🛡️Limits their liability

10-A

💬 No matter what harm you suffer, the most you can recover from Midjourney is what you paid them in the past year.

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“Our aggregate liability under this Agreement will not exceed the amount You paid for the Services that gave rise to the claim during the 12 months before the claim.”

⚠️

You must indemnify Midjourney

🛡️Limits their liability

10-B

💬 If someone sues Midjourney because of your use or your generated images, you have to cover their legal costs and damages.

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“you will indemnify and hold us harmless, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Assets”

⚠️

One-year deadline to bring claims

📌Other

10-C

💬 You have only one year to start a legal claim, otherwise you lose the right to do so — shorter than many standard legal timeframes.

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“any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.”

12Community Localization1 clause

🔴

Full ownership transfer of translations with no compensation

📄Claims your content

12-A

💬 If you submit translations to help localize the site, you permanently give away all ownership rights to Midjourney for free and with no credit.

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“You hereby irrevocably assign, transfer, and convey to Midjourney and Midjourney accepts, all rights, title, and interest (including all intellectual property and proprietary rights) in and to the Translations, and waive any moral rights you may have therein.”

13Miscellaneous1 clause

⚠️

Terms can change with continued use as acceptance

📝Can change terms anytime

13-A

💬 Midjourney can change these terms at any time, and simply continuing to use the service means you've agreed to the new version.

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“This agreement may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms.”

Midjourney terms of service, explained in plain English — TOSTLDR