78 Total

Key Facts · in the document’s own words

What is Midjourney's aggregate liability under the Agreement capped at?
“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.”
Version CA-V-006624, captured Sept. 11, 2026 · live source ↗
Our reading, not the document’s words
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?
“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...”
Version CA-V-006624, captured Sept. 11, 2026 · live source ↗
Our reading, not the document’s words
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?
“To the extent permitted by law, 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...”
Version CA-V-006624, captured Sept. 11, 2026 · live source ↗
Our reading, not the document’s words
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?
“You own all Assets You create with the Services to the fullest extent possible under applicable law.”
Version CA-V-006624, captured Sept. 11, 2026 · live source ↗
Our reading, not the document’s words
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?
“You understand and agree that we will not be liable to You or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however they arise.”
Version CA-V-006624, captured Sept. 11, 2026 · live source ↗
Our reading, not the document’s words
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.
What right do users and Midjourney knowingly and irrevocably waive?
“You and Midjourney knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim, except that either party may apply to any competent court for injunctive relief...”
Version CA-V-006624, captured Sept. 11, 2026 · live source ↗
Our reading, not the document’s words
Midjourney requires both users and Midjourney to knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.
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Summary
Generated by a model from the captured document; not read by a person

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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1 important change detected

13 versions captured · Latest change detected by ConductAtlas: May 2026

May 28, 2026

medium
What changed Midjourney added a new Community Localization program that allows users to submit translations of the platform. By submitting translations, users grant Midjourney irrevocable, perpetual, worldwide rights to use, modify, monetize, and create derivative works from those translations without compensation or attribution. Users represent they have all necessary rights to submit the translations and that doing so will not violate third-party intellectual property or privacy rights.
Why this matters The updated terms establish a Community Localization program through which users can submit translations of the Midjourney platform. By submitting translations, users irrevocably assign all intellectual property rights, title, and interest in those translations to Midjourney, including the right to modify, monetize, create derivative works, and publicly display them. Users receive no compensation or attribution for their contributions. Midjourney may suspend or terminate participation in the program at any time for any reason.
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Clauses withheld

We withheld clauses we had published from this document. Each withholding is recorded in our correction log:

Featured provisions
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Complete Provision Index

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

78 provisions
12 featured
19 clause types
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Archival ProvenanceSource & Archival Record
This version captured September 11, 2026 00:17 UTC
Last successful capture October 17, 2026 00:18 UTC
Date stated by the document May 27, 2026 (as printed in this version)
Capture Method Automated scheduled archival capture
Document ID CA-D-000095
Version ID CA-V-006624
SHA-256 (extracted text, extractor v5) 3405472d61ceca7810c44f674e050645258f6a9b5209d6b7eac75fc176ce54c7
Archived bytes SHA-256 (anchor) c7d06d58c9f0e5ef267caf779260b6e1731870ec96ecefbe13dbb44cb2409a9b
✓ Snapshot stored ✓ Archived bytes anchored (verified Sept. 11, 2026)

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