If you have any legal dispute with Midjourney, you cannot sue them in court. Instead, you must resolve it through private arbitration, and you permanently give up your right to a jury trial.
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 establishes the procedural mechanism for dispute resolution, shifting dispute handling from judicial proceedings to arbitration. The provision structurally changes how claims are adjudicated and removes jury trial as an available forum for either party.
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 →Consumers lose the right to pursue Midjourney in court or seek a jury trial for any dispute, including claims about billing, content ownership, or account suspension. This significantly limits legal recourse available to individual users.
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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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"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. 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
The mandatory AAA Expedited Commercial Rules arbitration clause with California situs and mutual jury waiver creates material litigation exposure limitations. Compliance teams should assess enforceability under applicable state law, particularly for consumer-facing agreements, as some jurisdictions restrict mandatory arbitration in consumer contracts.
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This clause establishes the procedural mechanism for dispute resolution, shifting dispute handling from judicial proceedings to arbitration. The provision structurally changes how claims are adjudicated and removes jury trial as an available forum for either party.
Consumers lose the right to pursue Midjourney in court or seek a jury trial for any dispute, including claims about billing, content ownership, or account suspension. This significantly limits legal recourse available to individual users.
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