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.
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 agreement excludes consequential and indirect damages and caps total liability at 12 months of subscription fees, while requiring users to indemnify Midjourney against third-party claims arising from user conduct, which could include IP infringement claims related to generated assets.
Interpretive note: Enforceability of consequential damage exclusions and broad indemnification obligations against individual consumers varies by jurisdiction; EU and UK consumer law may limit their application.
The updated terms establish a Community Localization program that permits users to submit translations and localization content. By submitting translations, users irrevocably assign all rights, title, and interest (including intellectual property and moral rights waiver where applicable) to Midjourney. The terms state that Midjourney may use, modify, monetize, or reject translations for any reason, and may suspend or terminate participation at any time. Users provide translations voluntarily without expectation of compensation or attribution. You can choose whether or not to participate in the Community Localization program; submission of translations is optional and governed by these new terms.
View change record →New comprehensive liability cap limiting Midjourney's exposure to 12-month subscription fees while expanding user indemnification obligations to include affiliates and personnel.
View full change record →Users cannot recover lost profits, data loss, or consequential damages from Midjourney regardless of the cause; additionally, users are obligated to defend and indemnify Midjourney against third-party claims arising from their use of the service, including claims related to generated assets.
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"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. 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. [...] 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 Terms of Service
REGULATORY LANDSCAPE: Limitation of liability clauses in consumer contracts engage state consumer protection law and may be subject to unconscionability challenges in California and other jurisdictions.
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The agreement excludes consequential and indirect damages and caps total liability at 12 months of subscription fees, while requiring users to indemnify Midjourney against third-party claims arising from user conduct, which could include IP infringement claims related to generated assets.
Users cannot recover lost profits, data loss, or consequential damages from Midjourney regardless of the cause; additionally, users are obligated to defend and indemnify Midjourney against third-party claims arising from their use of the service, including claims related to generated assets.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
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