When you use Midjourney, you give the company a permanent, irrevocable license to use, copy, modify, display, and share everything you type in as prompts and every image or video you generate, even after you cancel your account.
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The license is described as perpetual and irrevocable, meaning the agreement states it cannot be withdrawn after it attaches, including following account termination; this applies to both inputs (prompts) and all generated assets.
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 →Previous version had empty excerpt; current version provides full detailed text of the perpetual royalty-free license grant.
View full change record →The terms authorize Midjourney to reproduce, create derivative works from, sublicense, and distribute all user-submitted prompts and generated images or videos permanently, with no stated mechanism for the user to revoke this license after it has been granted.
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"By using the Services, You grant to Midjourney, its affiliates, successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute the Content You input into the Services, as well as any Assets produced by You through the Service. This license survives termination of this Agreement by any party, for any reason.— Excerpt from Midjourney's Midjourney Terms of Service
REGULATORY LANDSCAPE: This provision implicates copyright law and may engage GDPR Article 6 (lawful basis for processing personal data embedded in prompts or images) for EU users, as well as CCPA provisions regarding the use of personal information beyond the original collection context. The FTC Act's unfair or deceptive practices framework may be relevant if the scope of this license is not clearly communicated to consumers at the point of consent. The relevant enforcement authorities are the FTC (US), national data protection authorities (EU/EEA), and the UK ICO. GOVERNANCE EXPOSURE: High. The combination of perpetual duration, irrevocability, sublicensability, and survival of termination creates significant IP governance exposure for enterprise users whose prompts may contain proprietary business information, trade secrets, or personally identifiable information. Organizations using Midjourney for commercial content production should assess what is entered as prompts and uploaded as reference images. JURISDICTION FLAGS: EU and UK users may have grounds to challenge the perpetual and irrevocable nature of this license under data subject rights frameworks, particularly rights to erasure under GDPR Article 17, to the extent that prompts or images constitute personal data. California users may evaluate this provision under CCPA. The enforceability of irrevocable licenses in consumer contexts varies by jurisdiction. CONTRACT AND VENDOR IMPLICATIONS: B2B procurement teams should treat all inputs to Midjourney as subject to this license and implement internal policies restricting submission of confidential, proprietary, or personally identifiable information as prompts or uploads. The sublicensability right means third parties could receive rights to this content downstream. Standard commercial IP agreements typically include termination-linked license expiration; the survival clause here deviates from that pattern. COMPLIANCE CONSIDERATIONS: Legal and compliance teams should update acceptable use policies to reflect the scope of this license, conduct data mapping to identify categories of information employees may submit as inputs, and assess whether consent mechanisms for EU users adequately disclose the perpetual and irrevocable nature of this license. Organizations in regulated sectors (financial services, healthcare, legal) face heightened exposure if sensitive information is submitted as prompts.
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The license is described as perpetual and irrevocable, meaning the agreement states it cannot be withdrawn after it attaches, including following account termination; this applies to both inputs (prompts) and all generated assets.
The terms authorize Midjourney to reproduce, create derivative works from, sublicense, and distribute all user-submitted prompts and generated images or videos permanently, with no stated mechanism for the user to revoke this license after it has been granted.
ConductAtlas has identified this type of provision across 15 platforms. See the full comparison.
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