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.
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 →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
If, however, this Class Action Waiver is deemed invalid or unenforceable with respect to a particular Dispute...neither you nor Chegg will be entitled to arbitration of such Dispute.
the arbitration provider, National Arbitration and Mediation ("NAM"), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms...were fully satisfied.
Neither you nor we may elect arbitration of any claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo...
"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 Terms of Service
REGULATORY LANDSCAPE: This provision engages the Federal Arbitration Act (FAA) as the governing framework for arbitration enforceability in the US.
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Coinbase's User Agreement includes a mandatory arbitration clause that most users may not have reviewed. Here is what the clause states and how the opt-out process works.
561 arbitration provisions across 197 platforms. ConductAtlas tracks how dispute resolution is being restructured across the internet.
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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 205 platforms. See the full comparison.
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