78 Total
37 High severity
37 Medium severity
4 Low severity

Key Facts

What is Midjourney's aggregate liability under the Agreement capped at?
Midjourney's aggregate liability under the Agreement is capped at the amount the user paid for the Services that gave rise to the claim during the 12 months before the claim.
Is Midjourney's aggregate liability capped at the amount the user paid for the Services during the 12 months before the claim?
Midjourney's aggregate liability under the Agreement is capped at the amount the user paid for the Services that gave rise to the claim during the 12 months before the claim.
What license does Midjourney require users to grant it?
Midjourney requires users to grant it 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.
Is the copyright license Midjourney requires perpetual and worldwide?
Midjourney requires users to grant it 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.
Is the copyright license Midjourney requires sublicensable and royalty-free?
Midjourney requires users to grant it 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.
What does Midjourney require users to do regarding third-party claims relating to the user's use?
Midjourney requires users, to the extent permitted by law, to indemnify and hold harmless Midjourney, its affiliates, and its personnel from costs, losses, liabilities, and expenses including attorneys' fees arising from third-party claims relating to the user's use.
Must users indemnify and hold harmless Midjourney and its affiliates?
Midjourney requires users, to the extent permitted by law, to indemnify and hold harmless Midjourney, its affiliates, and its personnel from costs, losses, liabilities, and expenses including attorneys' fees arising from third-party claims relating to the user's use.
Who owns all Assets users create with the Services?
Midjourney establishes that users own all Assets they create with the Services to the fullest extent possible under applicable law.
Do users own all Assets they create with the Services to the fullest extent possible under applicable law?
Midjourney establishes that users own all Assets they create with the Services to the fullest extent possible under applicable law.
Will Midjourney be liable to users for loss of profits or data?
Midjourney establishes that it will not be liable to users or any third party for loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however they arise.
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Summary

These terms govern your use of Midjourney's AI image-generation platform. You own the images you create, but only if you meet the plan requirements for your revenue level, and you must grant Midjourney a permanent, royalty-free license to use and distribute anything you submit. Midjourney can suspend or ban your account at any time for any reason, will not refund your current subscription period if you cancel, and its financial liability to you is limited to what you paid in the prior 12 months.

Analysis

This document establishes the terms under which Midjourney provides its AI image-generation Services, defining the respective intellectual property rights, liability limitations, and behavioral obligations of both parties. Users are granted ownership of Assets they create to the fullest extent permitted by applicable law, subject to a revenue-based condition requiring companies exceeding $1,000,000 USD annually to subscribe to a Pro or Mega plan to retain that ownership. In exchange, users must grant Midjourney a perpetual, worldwide, royalty-free, irrevocable, sublicensable copyright license covering all submitted Content. Midjourney disclaims all warranties—including title and non-infringement—on both the Services and Assets, caps its aggregate liability to fees paid by the user in the 12 months preceding a claim, and excludes all indirect, consequential, and exemplary damages. Both parties waive jury trial rights, and users bear indemnification obligations for third-party claims arising from their use.

What this means for you

As a user, you own the Assets you generate—subject to your subscription tier if your company earns more than $1,000,000 USD per year—but you permanently and irrevocably license all submitted Content to Midjourney. You receive no warranties that your Assets are free of third-party intellectual property claims. Midjourney may suspend or ban your access at any time for any reason without a stated notice or appeal process, and cancellations do not yield a refund for the current subscription period. Your financial recovery against Midjourney is limited to the fees you paid for the specific Services at issue in the 12 months before your claim, and you are responsible for covering Midjourney's costs and attorneys' fees if a third party brings a claim related to your use. You and Midjourney have both waived the right to a jury trial. If you want to review what plan applies to your revenue level, the document establishes the $1,000,000 USD annual revenue threshold as the condition requiring a Pro or Mega plan for Asset ownership.

Institutional Analysis
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Which mapped governance frameworks each document engages, tied to the specific provisions that engage them.

3 important changes detected

8 versions captured · Last updated: August 2026

What changed Midjourney added 'Content Authenticity' to its documentation navigation structure, detected on August 18, 2026. The change appears to be organizational rather than substantive—a new documentation section was inserted into the policy and support menu. The operational significance depends on what substantive content the new section contains, which is not visible in this change summary.
Why this matters Midjourney added a 'Content Authenticity' documentation section to its published policies. The substantive content and scope of this new section are not visible in the change summary provided. Until the full text of this section is available, the operational impact cannot be determined with confidence.
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What changed In an update detected on August 12, 2026, Midjourney restructured its Terms of Service by adding a table of contents that maps 13 main article topics, including Service Availability and Quality, Age Requirements, Content Rights, DMCA Policy, Dispute Resolution, Payment and Billing, Community Guidelines, and Limitation of Liability. The change also added an extensive documentation index covering prompting guides, platform features, billing support, and policies. This appears to be an organizational restructuring of existing terms rather than substantive new obligations, though the specific provisions within each article section are not detailed in the change summary provided.
Why this matters Midjourney reorganized its Terms of Service to structure content under 13 main articles covering service availability, age requirements, content rights, DMCA policy, dispute resolution, payment and billing, community guidelines, and other topics. The reorganization also added an extensive documentation index. Because the change summary does not describe modifications to specific substantive provisions within these sections, the practical effect on consumer rights cannot be determined from the information provided.
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May 28, 2026 medium

Midjourney added a new Community Localization program section to its Terms of Service on May 28, 2026. The updated terms establish that users may submit translations and localization content, and …

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Featured, High severity

Complete Provision Index

Every distinct legal provision identified in this document. Featured provisions appear above with analysis.

78 provisions
12 featured
19 clause types
37 high severity
Refunds & Chargebacks 1 1 high
Data Collection 1
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Mapped Governance Frameworks

CCPA/CPRA
California, USA
View official text ↗
CFAA
United States Federal
View official text ↗
DMCA
United States Federal
View official text ↗
DSA
European Union
View official text ↗
FAA
United States Federal
View official text ↗
FTC Act Section 5
United States Federal
View official text ↗
GDPR
European Union
View official text ↗
UK GDPR
United Kingdom
View official text ↗
Archival ProvenanceSource & Archival Record
Last Captured August 18, 2026 00:18 UTC
Capture Method Automated scheduled archival capture
Document ID CA-D-000095
Version ID CA-V-005867
SHA-256 b6ef5d0525c3e592fadd928270d9f82589fec89e00642cb86494bdd85b9d2a6d
✓ Snapshot stored ✓ Text extracted ✓ Change verified ✓ Hash verified

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