If your use of Midjourney causes legal problems for the company, you agree to pay their legal costs and any damages they face as a result.
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 indemnification obligation establishes a cost-shifting mechanism whereby users assume legal defense and damage liability for claims connected to their conduct on the platform. This provision allocates financial risk for disputes involving alleged Terms violations or unauthorized service use to the user rather than to Midjourney.
Interpretive note: The enforceability of broad consumer-facing indemnification clauses varies by jurisdiction and consumer protection framework; EU and some US state law may limit or void such terms in consumer contracts.
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 →Removed as standalone provision but substantially incorporated into the new 'Limitation of Liability and Indemnification' merged provision in current version.
View full change record →Users who generate content that violates third-party intellectual property rights or other legal obligations could be required to pay Midjourney's legal costs and damages, creating meaningful personal financial exposure.
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"You agree to defend, indemnify, and hold harmless Midjourney and its affiliates, officers, employees, agents, partners, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms.— Excerpt from Midjourney's Midjourney Terms of Service
REGULATORY LANDSCAPE: Broad indemnification clauses in consumer contracts may require evaluation under EU consumer law and state consumer protection statutes, which may limit the enforceability of indemnification terms that shift commercial risk to consumers. The FTC's unfairness standard may be relevant where such clauses are deemed oppressive. GOVERNANCE EXPOSURE: Medium. User indemnification is standard in platform terms, but the breadth of the clause, which covers all uses of User Content and any violation of the terms, creates meaningful exposure for users who inadvertently violate terms or generate content that triggers third-party claims. The inclusion of attorneys' fees amplifies the potential financial risk. JURISDICTION FLAGS: EU consumer protection directives may limit the enforceability of indemnification clauses against individual consumers. California courts may scrutinize indemnification clauses in consumer contracts for unconscionability. Business users may face higher enforceability risk than individual consumers. CONTRACT AND VENDOR IMPLICATIONS: Enterprise users should assess whether their use cases create elevated third-party IP claim risk, particularly given ongoing litigation regarding AI-generated content and training data copyright issues. The indemnification obligation may shift litigation exposure to enterprise customers in ways that require procurement-level review. COMPLIANCE CONSIDERATIONS: Legal teams advising business users should assess the scope of activities covered by this indemnification and whether enterprise-level use of the platform creates disproportionate exposure. Users generating content for client delivery should confirm they are not exposing clients to downstream indemnification risk.
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The indemnification obligation establishes a cost-shifting mechanism whereby users assume legal defense and damage liability for claims connected to their conduct on the platform. This provision allocates financial risk for disputes involving alleged Terms violations or unauthorized service use to the user rather than to Midjourney.
Users who generate content that violates third-party intellectual property rights or other legal obligations could be required to pay Midjourney's legal costs and damages, creating meaningful personal financial exposure.
ConductAtlas has identified this type of provision across 83 platforms. See the full comparison.
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