Midjourney is not responsible for most types of losses you might suffer from using the service, and even if they are liable, the maximum they owe you is limited to what you paid in the last year or $100, whichever is more.
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
If Midjourney's service causes you real financial harm, such as losing commercial assets, you may only be able to recover a small amount, regardless of the actual loss you suffered.
Interpretive note: The enforceability of the $100 liability cap varies by jurisdiction, particularly for EU/EEA and California users where statutory rights may limit the cap's application.
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 remova…
The liability cap means that even if you lose commercially valuable generated assets or suffer business harm due to a service failure, your financial recovery from Midjourney is contractually capped at your prior year's subscription fees or $100, which may be far less than your actual damages.
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TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WHATNOT NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORT...
In no event will either party's aggregate liability arising out of or related to this Agreement exceed the total fees paid or payable by Customer in the twelve (12) months preceding the claim. In no event will either party be liable for any indirect, incidental, special, consequential, or punitive d...
Except as stated in Section L.3.b, the liability of each party, and its affiliates and licensors, for any damages arising out of or related to these Terms (i) excludes damages that are consequential, incidental, special, indirect, or exemplary damages, including lost profits, business, contracts, re...
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"To the maximum extent permitted by applicable law, Midjourney and its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, exemplary, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of (or inability to access or use) the Services. In no event shall Midjourney's total liability to you exceed the greater of (a) the amount you paid to Midjourney in the twelve (12) months prior to the claim or (b) one hundred dollars ($100).— Excerpt from Midjourney's Midjourney Terms of Service
REGULATORY LANDSCAPE: Liability caps in consumer contracts may require evaluation under EU consumer law, which generally prohibits excluding liability for personal injury and may limit exclusions for digital content failures. California's consumer protection statutes may limit the enforceability of liability caps that effectively eliminate remedies for statutory violations. GOVERNANCE EXPOSURE: Medium. The $100 or prior-year-payment cap is standard in US consumer SaaS agreements but may be challengeable in certain jurisdictions or for specific categories of claims. Enterprise users with significant commercial reliance on the platform face meaningful exposure given the mismatch between potential losses and capped recovery. JURISDICTION FLAGS: EU/EEA users may retain statutory rights to compensation that cannot be excluded by contract under the Consumer Rights Directive. UK consumers have similar protections under the Consumer Rights Act 2015. California's CLRA and UCL may limit the enforceability of liability exclusions for statutory violations. CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams should assess whether the liability cap is acceptable given their commercial reliance on Midjourney-generated assets. Supplemental enterprise agreements, if available, should be reviewed for whether they offer higher liability limits or modified indemnification terms. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the liability cap satisfies minimum requirements under applicable consumer protection and digital content laws in relevant deployment jurisdictions. The 'to the maximum extent permitted by applicable law' qualifier preserves statutory rights but does not specify which rights are preserved.
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If Midjourney's service causes you real financial harm, such as losing commercial assets, you may only be able to recover a small amount, regardless of the actual loss you suffered.
The liability cap means that even if you lose commercially valuable generated assets or suffer business harm due to a service failure, your financial recovery from Midjourney is contractually capped at your prior year's subscription fees or $100, which may be far less than your actual damages.
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