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
This clause removes your ability to take Midjourney to court with other affected users as a group, which is often the only practical way consumers can pursue smaller or shared grievances against a larger company.
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…
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.
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YOU AND UNITY 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, EXCEPT THAT EACH PARTY RETAIN...
Any Dispute will be determined in English by final, binding arbitration according to the region-specific processes below. Judgment on any award issued through the arbitration process in this Section J.2 (Arbitration) may be entered in any court having jurisdiction. EACH PARTY AGREES THEY ARE WAIVING...
You and Stripe agree to resolve any disputes, controversies, or claims arising out of or relating to this agreement or the Services through binding individual arbitration instead of in court, except that either party may bring claims in small claims court if they qualify. There will be no right or a...
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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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This clause removes your ability to take Midjourney to court with other affected users as a group, which is often the only practical way consumers can pursue smaller or shared grievances against a larger company.
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 113 platforms. See the full comparison.
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