What are the institutional and regulatory implications of this document?

REGULATORY LANDSCAPE: This agreement engages the Digital Millennium Copyright Act (DMCA) through its formal takedown and counter-notification procedures in Section 5. The California governing law clause and payment data handling engage the California Consumer Privacy Act (CCPA) and California's Automatic Renewal Law. The FTC Act is relevant to consumer protection considerations arising from the no-refund policy on termination for policy violations and the unilateral right to modify pricing and …

How does Midjourney's Midjourney Terms of Service affect users?

Users grant Midjourney a perpetual license over all prompts and generated content that continues regardless of account status. Business users whose annual revenue exceeds $1,000,000 USD must hold either a Pro or Mega subscription plan; those without these subscription tiers do not retain ownership of generated assets. The agreement requires all legal disputes to proceed through private arbitration with claims filed within one year.

How often is Midjourney's Midjourney Terms of Service updated?

ConductAtlas monitors this document daily and captures every version with cryptographic hashing and timestamp verification. Update frequency varies — see the change timeline on this page for complete version history.

Can I get alerted when Midjourney updates this document?

Yes. Watcher subscribers ($9.99/month) can add Midjourney to their watchlist and receive same-day email alerts whenever this document or any other Midjourney document changes.

CA-D-000095

Midjourney Terms of Service

Midjourney

Last change detected May 2, 2026 Terms of service

SHA-256: d48a7e764382475cc80… 4 versions captured 3 changes documented

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This page describes what the document states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability may vary by jurisdiction. Methodology

10 Total

5 High severity

5 Medium severity

0 Low severity

Summary

This document establishes the Terms of Service governing access to and use of Midjourney's AI image and video generation platform. The agreement authorizes Midjourney a perpetual, irrevocable, sublicensable license to use, reproduce, and distribute all prompts and generated images created by users. Business users with annual revenue exceeding $1,000,000 USD are required to maintain a Pro or Mega subscription tier to retain ownership rights over generated assets.

Technical / Legal Breakdown

This document is Midjourney's Terms of Service (effective February 12, 2026) governing access to and use of the Midjourney AI image and video generation platform, including via midjourney.com and Discord, and establishing the legal framework for user-generated content, intellectual property, payments, and dispute resolution. The agreement states that users grant Midjourney a perpetual, worldwide, sublicensable, royalty-free, irrevocable copyright license over all content inputs and generated assets, and the terms authorize Midjourney to suspend or ban user access at any time for any reason, including for Community Guidelines violations without refund for the current subscription period. Notable provisions include a one-year shortened statute of limitations on all causes of action, a mandatory binding arbitration clause administered by the AAA's International Centre for Dispute Resolution with jury trial waiver, and a revenue-based ownership threshold requiring companies with over $1,000,000 USD annual revenue to subscribe to Pro or Mega plans to retain asset ownership. The agreement engages the Digital Millennium Copyright Act for takedown procedures, the California Consumer Privacy Act given California governing law, and the FTC Act with respect to consumer protection and potentially unfair or deceptive practices; applicability of GDPR and other regional privacy frameworks depends on user jurisdiction and is addressed separately in Midjourney's linked privacy policy. The one-year limitations period and perpetual content license provisions present material compliance considerations for enterprise customers, and the revenue-based IP ownership tier creates contractual risk for businesses that fail to maintain qualifying subscription levels.

Institutional Analysis

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Regulatory exposure by statute, material risk assessment, vendor due diligence action items, and enforcement precedent. Available on Professional.

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3 important changes detected

4 versions captured · Last updated: May 2026

May 2, 2026

low

What changed Midjourney added a table of contents restructuring its Terms of Service on May 2, 2026, organizing existing and new sections under ten labeled article headings including Service Availability, Age Requirements, Content Rights, DMCA Policy, Dispute Resolution, Payment and Billing, and Community Guidelines. This is a structural reorganization and clarification of the terms rather than a substantive change to user rights or obligations, though the explicit addition of these topic areas indicates Midjourney is now formally organizing previously scattered or implicit policies into numbered, accessible sections.

Why this matters The updated Terms of Service now organize policies under ten explicitly labeled sections rather than presenting them as unstructured text. This change does not alter the substantive rights or obligations of users, but makes existing policies more discoverable and structured. The reorganization formally establishes sections addressing age requirements, content rights, DMCA takedowns, dispute resolution, payment and billing, and community guidelines, which may have existed previously in less organized form.

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April 26, 2026

high

What changed Midjourney removed 13 sentences from its Terms of Service on April 26, 2026, including entire section headers for Service Availability and Quality, Age Requirements, Your Information, Content Rights, DMCA and Takedowns Policy, Dispute Resolution and Governing Law, Unlimited Service and Rate Limiting, Payment and Billing, and Community Guidelines. The document now contains 145 sentences. The removal of these section headers and their content means that substantive terms previously governing these areas are no longer explicitly stated in the terms, though the operational impact depends on whether the underlying policies were moved elsewhere, consolidated, or genuinely eliminated.

Why this matters Midjourney removed substantial sections from its Terms of Service covering age requirements, content rights, DMCA policy, dispute resolution, payment and billing, and community guidelines. The removal of these section headers and their substantive content means users no longer have explicit written guidance on these critical areas within the primary terms document. This creates operational uncertainty about what terms now govern these areas: whether they were relocated to separate policies, consolidated elsewhere, or eliminated entirely cannot be determined from this change summary alone. The absence of explicit terms on dispute resolution, age verification, and content rights represents a material change in contractual transparency.

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April 19, 2026 low

Midjourney added 13 sentences that appear to be a table of contents or section headers for their Terms of Service on April 19, 2026. The change introduces labeled sections for …

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Recent Provision Changes Apr 19, 2026

10 provisions unchanged.

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High — 5 provisions

Perpetual Irrevocable Content License Compare →

When you use Midjourney, you give the company a permanent, irrevocable license to use, copy, modify, display, and share everything you type in as prompts and every image or video you generate, even after you cancel your account.

Added May 12, 2026 Standard Seen across 198 platforms
Revenue-Based IP Ownership Threshold Compare →

If you work for a company that earns more than $1,000,000 per year, you or your company must have a Pro or Mega subscription plan; otherwise, you do not own the images you generate through Midjourney under these terms.

Added May 12, 2026 Standard Seen across 187 platforms
Mandatory Binding Arbitration and Jury Trial Waiver Compare →

Any legal dispute with Midjourney must be resolved through private arbitration, not a public court; both sides permanently give up the right to a jury trial, and the arbitration takes place in Santa Clara County, California.

Added May 12, 2026 Standard Seen across 189 platforms
Shortened One-Year Statute of Limitations

You have only one year from the date a problem occurs to take any legal action against Midjourney; after that, the agreement states any claim is permanently barred.

Added May 12, 2026 Rare
Limitation of Liability and Indemnification Compare →

Midjourney's total financial liability to you is capped at the amount you paid in the 12 months before your claim, and you agree to cover Midjourney's legal costs if a third party sues them because of how you used the service.

Added May 12, 2026 Standard Seen across 228 platforms

Medium — 5 provisions

No-Refund Policy on Termination for Policy Violation Compare →

If Midjourney terminates your account for violating its Community Guidelines, you will not receive a refund for any unused portion of your current subscription period.

Added May 12, 2026 Common Seen across 150 platforms
Unilateral Right to Modify Service and Pricing Compare →

Midjourney can change its prices, features, or discontinue any part of the service at any time without advance notice under this provision.

Added May 12, 2026 Common Seen across 150 platforms
Age Requirements and Parental Responsibility Compare →

You must be at least 13 years old to use Midjourney; if you are a minor who can access the service in your country but cannot legally consent to terms yourself, a parent or guardian must agree on your behalf and is responsible for your activity.

Added May 12, 2026 Standard Seen across 262 platforms
DMCA Takedown and Counter-Notification Procedures Compare →

If someone reports that your generated content infringes their copyright, Midjourney may remove it and can ban repeat infringers; you can file a counter-notice to request restoration of removed content, which may be restored within 10-14 business days if no court action is initiated.

Added April 3, 2026 Standard Seen across 198 platforms
Prohibition on Competitive Use, Reverse Engineering, and Automated Access Compare →

You are not allowed to use Midjourney to build competing products, reverse engineer how the service works, use bots or automated tools to generate images, resell access, share accounts, or hold multiple accounts.

Added May 12, 2026 Standard Seen across 179 platforms