Any legal dispute with Midjourney must be resolved through private arbitration, not a public court; both sides permanently give up the right to a jury trial, and the arbitration takes place in Santa Clara County, California.
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 requires all disputes to proceed through binding arbitration administered under AAA Expedited Commercial Rules, waives jury trial rights, and restricts arbitration to a specific venue in California, which may create practical barriers for users located elsewhere.
Interpretive note: Enforceability of mandatory arbitration against consumers varies by jurisdiction; EU and UK consumer protection law may render this clause unenforceable for users in those regions.
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…
Users waive their right to pursue claims against Midjourney in court or before a jury; disputes must proceed through private AAA arbitration in Santa Clara County, California, with each party bearing its own legal fees regardless of outcome.
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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 Epic agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party's rights to remove a case to federal court if permissible), as well as any right to a jury trial.
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"In the event a dispute, controversy, or claim arises out of or relating to these Terms ("Dispute"), the Dispute will be resolved by binding arbitration rather than in court. The parties will first try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by binding arbitration by the American Arbitration Association's International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement ("Rules"). The parties will mutually select one arbitrator. The arbitration will be conducted in English in Santa Clara County, California, USA. By agreeing to mandatory arbitration as set forth herein, You and Midjourney knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim, except that either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration.— Excerpt from Midjourney's Midjourney Terms of Service
REGULATORY LANDSCAPE: Mandatory arbitration clauses in consumer contracts engage FTC unfair or deceptive practices authority and are subject to scrutiny under the Federal Arbitration Act (FAA). EU and UK consumer protection law (including the EU Unfair Terms in Consumer Contracts Directive and UK Consumer Rights Act) may render mandatory arbitration clauses unenforceable against consumers in those jurisdictions. California's consumer protection framework, including the Consumers Legal Remedies Act, may interact with this provision. The relevant US enforcement authority is the FTC. GOVERNANCE EXPOSURE: High. The clause requires all disputes to proceed under AAA Expedited Commercial Rules, which are designed for commercial rather than consumer disputes, and mandates a California venue that may be inaccessible to non-US or non-California users. There is no class action waiver explicitly stated in this provision, which is a notable structural distinction from many comparable arbitration clauses. Each party bears its own legal costs regardless of outcome, which the agreement explicitly states. JURISDICTION FLAGS: EU and UK users face heightened exposure because mandatory arbitration clauses in consumer contexts are frequently unenforceable under applicable EU Directive 93/13/EEC and the UK Consumer Rights Act 2015. The California venue requirement creates practical barriers for international users. Illinois, New York, and other states with specific arbitration clause restrictions should be evaluated. The clause does not specify whether it applies to non-US users or only to US users. CONTRACT AND VENDOR IMPLICATIONS: B2B contracts that incorporate Midjourney's terms by reference should assess whether the AAA Expedited Commercial Rules are appropriate for the dispute values and nature likely to arise in those relationships. The mutual cost-bearing provision may affect litigation risk assessments. The absence of an explicit class action waiver is notable for class action risk evaluation. COMPLIANCE CONSIDERATIONS: Legal teams for enterprise customers should evaluate whether this arbitration clause is enforceable in their primary operating jurisdiction and whether it conflicts with existing dispute resolution frameworks in customer or vendor contracts. EU-based teams should assess the unenforceability risk for EU consumer users and the implications for any class or collective action exposure.
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The agreement requires all disputes to proceed through binding arbitration administered under AAA Expedited Commercial Rules, waives jury trial rights, and restricts arbitration to a specific venue in California, which may create practical barriers for users located elsewhere.
Users waive their right to pursue claims against Midjourney in court or before a jury; disputes must proceed through private AAA arbitration in Santa Clara County, California, with each party bearing its own legal fees regardless of outcome.
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