If you have a legal dispute with Midjourney, you must resolve it through individual arbitration rather than suing in court, and you cannot join or start a class action lawsuit against the company.
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 clause establishes arbitration as the exclusive dispute resolution mechanism for most claims, which alters the procedural framework for resolving disagreements between the parties. This structure removes access to jury trials and class-based proceedings while preserving narrow exceptions for small claims and intellectual property injunctions.
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 →US users give up the right to jury trials and class action participation, meaning individual claims must go through arbitration, which may be less accessible and less effective for low-value disputes about billing, content ownership, or account termination.
How other platforms handle this
You and Teachable agree to resolve any disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You also agree that disputes will only be resolved on an individual basis and not as a class, consolidated, or representative action.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by ...
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 12.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
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"You and Midjourney agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and Midjourney, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Midjourney are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.— Excerpt from Midjourney's Midjourney Terms of Service
REGULATORY LANDSCAPE: This provision engages the Federal Arbitration Act (FAA) as the governing framework for arbitration enforceability in the US. The FTC has increased scrutiny of arbitration clauses in consumer contracts. The clause may be unenforceable for EU/EEA users under EU consumer protection directives, and UK consumers may have similar protections under the Unfair Terms in Consumer Contracts Regulations. GOVERNANCE EXPOSURE: High. The class action waiver significantly limits collective consumer recourse and is a standard but consequential provision in US consumer tech agreements. Courts in California and other states have occasionally declined to enforce arbitration clauses found to be unconscionable, so enforceability is jurisdiction-dependent. JURISDICTION FLAGS: EU/EEA and UK users likely retain court access rights under local law regardless of this clause. California courts have scrutinized arbitration clauses that are procedurally or substantively unconscionable. The provision explicitly excludes users residing outside the US from the arbitration requirement, which partially mitigates cross-border exposure. CONTRACT AND VENDOR IMPLICATIONS: B2B procurement teams should determine whether enterprise agreements incorporate or supersede these arbitration terms. The clause asserts a liability-limiting function by preventing aggregated claims, which may affect vendor risk assessments for companies relying on Midjourney for commercial workflows. COMPLIANCE CONSIDERATIONS: Legal teams should ensure users are clearly notified of the 30-day opt-out window at onboarding. For enterprise deployments serving EU users, legal review should assess whether this clause can be contractually carved out or whether local law renders it inapplicable.
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The clause establishes arbitration as the exclusive dispute resolution mechanism for most claims, which alters the procedural framework for resolving disagreements between the parties. This structure removes access to jury trials and class-based proceedings while preserving narrow exceptions for small claims and intellectual property injunctions.
US users give up the right to jury trials and class action participation, meaning individual claims must go through arbitration, which may be less accessible and less effective for low-value disputes about billing, content ownership, or account termination.
ConductAtlas has identified this type of provision across 132 platforms. See the full comparison.
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