These are the rules you agree to when using Midjourney to create AI-generated images and videos. You own the images you create, but you give Midjourney a permanent, free license to use them, and if your business earns over $1 million per year, you need a paid Pro or Mega plan to actually own your output. If you have a legal dispute with Midjourney, you cannot sue in court — you must go through private arbitration and you waive your right to a jury trial.
Technical Summary
This Terms of Service agreement (effective February 12, 2026) governs all use of the Midjourney platform, including AI-generated images, videos, and other assets produced via midjourney.com, Discord, or other access points. Key provisions include a broad, perpetual, royalty-free copyright license granted to Midjourney over all user-submitted content and generated assets; user asset ownership conditioned on subscription tier for commercial entities (requiring Pro or Mega plans for companies exceeding $1M annual revenue); mandatory binding arbitration under AAA Expedited Commercial Rules with jury trial waiver; a one-year statute of limitations on claims; no-refund policy for the current subscription period upon termination; and broad indemnification obligations on users. The document incorporates by reference Community Guidelines, a Privacy Policy, and Subscription Plan terms, all of which form part of the binding agreement.
Institutional Analysis
This agreement engages FTC consumer protection frameworks through its broad arbitration mandate, content licensing provisions, and no-refund policy. The perpetual, sublicensable content license Midjo…
This agreement engages FTC consumer protection frameworks through its broad arbitration mandate, content licensing provisions, and no-refund policy. The perpetual, sublicensable content license Midjourney retains over user inputs and outputs raises due diligence concerns for enterprise buyers regar…
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If you have any legal dispute with Midjourney, you cannot sue them in court. Instead, you must resolve it through private arbitration, and you permanently give up your right to a jury trial.
When you use Midjourney, you give the company a permanent, irrevocable, free license to use, copy, modify, display, and distribute everything you create or upload — even after you cancel your account.
If you work for or own a company that makes more than $1 million USD per year, you must be on a Pro or Mega subscription plan to legally own the images and videos you generate with Midjourney.
You only have one year from when a problem occurs to take any legal action against Midjourney — after that, your right to make a claim is permanently gone.
If Midjourney terminates your account or you cancel your subscription, you will not receive a refund for the time remaining in your current billing period.
You must be at least 13 years old to use Midjourney; if you are old enough in your country but under the age of majority, a parent or guardian must agree to the Terms on your behalf and is responsible for your activity.
Midjourney makes no guarantees about the quality, accuracy, reliability, or fitness of the service or the images it generates — you use it entirely at your own risk.
If you believe someone on Midjourney is using your copyrighted work without permission, you can submit a formal takedown request; if your content is removed and you believe it was a mistake, you can file a counter-notification.