Midjourney · Midjourney Terms of Service · View original document ↗

Mandatory Binding Arbitration & Jury Waiver

High severity Unique · 0 of 325 platforms
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Recent governance activity Midjourney recorded 5 documented changes in the last 30 days.
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Document Record

What it is

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

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.

Recent Activity

This document changed recently

High Apr 26, 2026

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.

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Consumer impact (what this means for users)

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.

How other platforms handle this

MetaMask High

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. YOU AND METAMASK AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALI...

OpenAI High

You and OpenAI agree to resolve any disputes arising out of or relating to these Terms or our Services through final and binding individual arbitration, except that either party may bring an individual claim in small claims court. You agree to waive your right to a jury trial and to participate in a...

Uber High

You and Uber 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 or Application (collectively, "Disputes") will be settled by binding arbitration between you and ...

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▸ View Original Clause Language DOCUMENT RECORD
"
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

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

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.

Full compliance analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

  • FTC
    The FTC monitors unfair or deceptive practices including mandatory arbitration clauses that may limit consumer rights in consumer-facing service agreements.
    File a complaint →
  • State AG
    State attorneys general can challenge mandatory arbitration clauses in consumer contracts under state consumer protection statutes.
    File a complaint →

Applicable regulations

FAA
United States Federal

Provision details

Document information
Document
Midjourney Terms of Service
Entity
Midjourney
Document last updated
May 5, 2026
Tracking information
First tracked
March 20, 2026
Last verified
March 20, 2026
Record ID
CA-P-000676
Document ID
CA-D-00095
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
9c85f854ad9103d787c42ca5d21592015f564b8935b9cab498b038d006a5df19
Analysis generated
March 20, 2026 04:27 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Midjourney
Document: Midjourney Terms of Service
Record ID: CA-P-000676
Captured: 2026-03-20 04:27:40 UTC
SHA-256: 9c85f854ad9103d7…
URL: https://conductatlas.com/platform/midjourney/midjourney-terms-of-service/mandatory-binding-arbitration-jury-waiver/
Accessed: May 20, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

Other risks in this policy

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Frequently Asked Questions

What does Midjourney's Mandatory Binding Arbitration & Jury Waiver clause do?

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.

How does this clause affect you?

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.

Is ConductAtlas affiliated with Midjourney?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Midjourney.