You agree to pay Midjourney's legal costs and cover any losses if a third party sues Midjourney because of something you did while using the service.
This analysis describes what Midjourney's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The indemnification obligation allocates legal and financial risk to users for third-party claims connected to their service usage, establishing that users bear responsibility for defending the company against such claims and their associated costs.
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.
View change record →Removed as standalone provision but substantially incorporated into the new 'Limitation of Liability and Indemnification' merged provision in current version.
View full change record →Users assume financial liability for third-party claims arising from their use of the service, including attorneys' fees, which could be substantial even if the user acted in good faith. This obligation extends to all use of Services and generated Assets.
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"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 of the Services and Assets or any violation of these Terms.— Excerpt from Midjourney's Midjourney Terms of Service
The broad indemnification clause extending to affiliates and personnel, covering attorneys' fees and all costs from third-party claims, creates material financial exposure for enterprise users. Legal teams should assess whether this indemnification obligation conflicts with organizational risk management policies and whether appropriate IP warranties from Midjourney are absent.
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The indemnification obligation allocates legal and financial risk to users for third-party claims connected to their service usage, establishing that users bear responsibility for defending the company against such claims and their associated costs.
Users assume financial liability for third-party claims arising from their use of the service, including attorneys' fees, which could be substantial even if the user acted in good faith. This obligation extends to all use of Services and generated Assets.
ConductAtlas has identified this type of provision across 1 platforms. See the full comparison.
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