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.
The updated terms establish a Community Localization program that permits users to submit translations and localization content. By submitting translations, users irrevocably assign all rights, title, and interest (including intellectual property and moral rights waiver where applicable) to Midjourney. The terms state that Midjourney may use, modify, monetize, or reject translations for any reason, and may suspend or terminate participation at any time. Users provide translations voluntarily without expectation of compensation or attribution. You can choose whether or not to participate in the Community Localization program; submission of translations is optional and governed by these new terms.
View change record →Previous version had empty excerpt; current version adds specific procedural detail including 30-day good faith settlement attempt before arbitration.
View full change record →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.
How other platforms handle this
This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third-party beneficiaries and permitted assigns...
the arbitration provider, National Arbitration and Mediation ("NAM"), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms...were fully satisfied.
Neither you nor we may elect arbitration of any claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo...
"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 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).
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
Search "[your state] attorney general consumer complaint" to find your state's direct complaint form
Coinbase's User Agreement includes a mandatory arbitration clause that most users may not have reviewed. Here is what the clause states and how the opt-out process works.
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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.
ConductAtlas has identified this type of provision across 205 platforms. See the full comparison.
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