You agree not to create harmful or illegal content, and Midjourney can remove content it finds objectionable at its own discretion, but is not required to monitor or remove all violating content.
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
This provision establishes the content standards governing user-generated prompts and outputs, and allocates to Midjourney discretionary authority over content moderation enforcement. The 'sole discretion' standard for objectionable content determination creates a broad operational framework for content removal without requiring advance notice or appeal mechanisms.
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 →Users whose content is removed under this clause have limited contractual recourse, as the terms grant Midjourney sole discretion over content moderation decisions without establishing an appeal mechanism, and account suspension or termination may follow content removal.
How other platforms handle this
When you use Microsoft services, you must comply with Microsoft's Code of Conduct. Prohibited conduct includes using the services to do anything illegal, transmitting content that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, or otherwise objectionable. Microsof...
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You may not use, or facilitate or allow others to use, the Services or AWS Site: in a way that violates any applicable law or regulation; to engage in, promote, facilitate or encourage illegal activity; to threaten, incite, promote, or actively encourage violence, terrorism, other serious harm; or i...
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"You agree not to use the Services to generate content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. Midjourney reserves the right, but has no obligation, to monitor, review, or remove content that violates these Terms or that Midjourney finds objectionable in its sole discretion.— Excerpt from Midjourney's Midjourney Terms of Service
REGULATORY LANDSCAPE: Content moderation obligations for AI image generation platforms may engage the EU Digital Services Act (DSA) for platforms accessible in the EU, which imposes transparency, appeals, and notice requirements for content removal. In the US, Section 230 of the Communications Decency Act generally protects platforms from liability for user-generated content moderation decisions. The EU AI Act may also impose requirements regarding outputs of AI systems used for content generation. GOVERNANCE EXPOSURE: Medium. The discretionary nature of content moderation combined with account termination provisions creates user-facing risk of content and account loss without procedural protections. The DSA, if applicable to Midjourney in the EU, may require appeal mechanisms and transparency reporting that go beyond what these terms establish. JURISDICTION FLAGS: EU users may have rights under the DSA to receive explanations for content removal and to appeal moderation decisions. The adequacy of Midjourney's moderation processes for EU compliance depends on its DSA obligations, which vary by platform size and designation. CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers using Midjourney for content production should assess the risk that generated content may be retroactively flagged and removed, disrupting production workflows. The absence of a defined appeals process is a procurement risk factor for content-reliant business customers. COMPLIANCE CONSIDERATIONS: Legal teams operating in the EU should assess whether Midjourney's content moderation framework satisfies DSA obligations applicable to their use context. Enterprise customers should document content moderation incidents and maintain internal appeal logs where DSA compliance is a requirement.
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This provision establishes the content standards governing user-generated prompts and outputs, and allocates to Midjourney discretionary authority over content moderation enforcement. The 'sole discretion' standard for objectionable content determination creates a broad operational framework for content removal without requiring advance notice or appeal mechanisms.
Users whose content is removed under this clause have limited contractual recourse, as the terms grant Midjourney sole discretion over content moderation decisions without establishing an appeal mechanism, and account suspension or termination may follow content removal.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Midjourney.