Image / Video / Audio Generation · midjourney.comMidjourney
Graded against 804 verified platforms, from its own policy text. Automated assessment against a published rubric — not legal advice.
“- Your ownership is subject to any obligations imposed by this Agreement and the rights of any third-parties.”
Watch: indemnity liability
Start here. These are the highest-risk verified clauses AIRIN found in the platform's own policy text.
User bears full indemnification exposure for any third-party claim arising from use of the platform or its outputs ('Assets'), with no monetary ceiling on indemnity unlike the platform's own liability cap of 12-month fees paid.
The broad exclusion of consequential, indirect, and data-loss damages combined with a 12-month fee cap creates an asymmetric risk allocation heavily favoring Midjourney.
Reserves Midjourney's right to rate limit users on unlimited plans to prevent quality decay or service interruptions to other customers, restricting the extent of access guaranteed under unlimited subscription tiers.
Scores derived from 61 enriched findings — same verbatim citations as below. AI-generated, not legal advice.
- Your outputs and prompts are explicitly yours — Midjourney's terms include affirmatively protective IP language.
- Data handling is conditional — 17 privacy or retention clauses warrant review before using Midjourney at scale.
Derived from AI-enriched analysis of the verified findings below — informational only, not legal advice.
How to read this page: Overall risk rates what Midjourney's own policy terms mean for your prompts, outputs, and data. The benchmark bands below grade those same verified terms relative to peers — a platform in a risky-by-default category can rate HIGH risk and still grade STRONG against its peer set. Both trace to the cited findings.
Policy benchmark
rubric v1.0 — how this is scoredBased on 155 verified, verbatim-cited findings below — read the citations.
Based on 171 verified, verbatim-cited findings below — read the citations.
Automated assessment against a published rubric — not legal advice.
Fully verified — complete core corpus captured and read in full.
- Terms of ServiceVerified - read in full - 64 citationspdf textLast captured 2026-07-29
- Privacy PolicyVerified - read in full - 91 citationspdf textLast captured 2026-06-07
Only citation-backed plan differences are shown here; absent cells mean AIRIN has not verified a tier-specific claim.
This segment grants California residents the right to request disclosure of specific information about Midjourney's collection and use of their personal information over the prior 12 months, and enumerates the categories of information Midjourney must disclose upon a verified request, creating an obligation on Midjourney to respond.
"You have the right to request that Midjourney disclose certain information to you about our collection and use of your Personal Information over the past twelve (12) months. Once Midjourney receives and confirms your verifiable information ..."
The 'other purposes' catch-all and the explicit inclusion of marketing, advertising, and business-transfer uses give Midjourney wide discretion to process personal data (including user prompts classified as personal data) for purposes that may not align with user expectations.
"Midjourney may use Personal Data for the following purposes: - **To provide, maintain, and improve our Service,** including to monitor the usage of our Service. - **To manage Your account:** to manage Your registration as a user of the Ser..."
Describes the DMCA's procedural timeline allowing restoration of removed content within 10-14 business days unless the complaining party initiates a court action during that period and notifies Midjourney, defining the procedural steps for content reinstatement.
"7. The DMCA allows us to restore the removed content within 10-14 business days unless the complaining party initiates a court action against you during that time period and notifies us of the same."
This segment is the separator row of the table header, forming part of the structural definition of the personal information classification table used to disclose collection and disclosure practices.
"| --- | --- | --- | --- |"
The broad exclusion of consequential, indirect, and data-loss damages combined with a 12-month fee cap creates an asymmetric risk allocation heavily favoring Midjourney.
"You understand and agree that we will not be liable to You or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however they arise. Our aggregate l..."
Creates a tier-based obligation for 'Pro' or 'Mega' subscribers (or prior add-on purchasers) by committing Midjourney to use best efforts not to publish Assets when Stealth mode is engaged, distinguishing this benefit from lower tiers.
"If You purchased the Stealth feature as part of Your “Pro” or "Mega" subscription or through the previously available add-on, we agree to make best efforts not to publish any Assets You make in any situation where you have engaged stealth m..."
Permits Midjourney to share personal information with service providers, third-party vendors, consultants, business partners, and analytics/advertising partners for service delivery, monitoring, and advertising purposes, thereby identifying the categories of subprocessors and establishing the legal basis for onward data transfers.
"- **With Service Providers, Third Party Vendors, Consultants, and other Business Partners:** We may share Your personal information with these parties in order to provide the Services to You on our behalf, monitor and analyze the use of our..."
Establishes Midjourney's legal obligation to disclose personal data to law enforcement when required by law or valid public authority request, and imposes a further obligation to promptly notify the user and provide a copy of the request unless legally prohibited.
"- **With Law Enforcement:** Under certain circumstances, Midjourney may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency). To ..."
Clause A grants Midjourney a non-exclusive license for user-generated content and assets, while Clause B demands an assignment of all rights (or an exclusive license) for 'Translations,' which are a subset of such content, creating conflicting claims over ownership and licensing for the same material.
"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."
"You hereby irrevocably assign, transfer, and convey to Midjourney and Midjourney accepts, all rights, title, and interest (including all intellectual property and proprietary rights) in and to the Translations, and waive any moral rights you may have therein. To the extent any rights in any Translations cannot be assigned to Midjourney under applicable law, You grant to Midjourney a perpetual, irrevocable, exclusive, worldwide, sublicensable, transferable, royalty-free, and fully paid-up license to host, store, adapt, monetize, reproduce, copy, modify, prepare derivative works of, publicly display, publicly perform, and distribute the Translations for any purpose. This Section 12 survives the termination of this Agreement by any party, for any reason."
Within one documentClause A grants Midjourney a non-exclusive license for user-generated content and assets, while Clause B demands an assignment of all rights (or an exclusive license) for 'Translations,' which are a subset of such content, creating conflicting claims over ownership and licensing for the same material.
"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."
"You hereby irrevocably assign, transfer, and convey to Midjourney and Midjourney accepts, all rights, title, and interest (including all intellectual property and proprietary rights) in and to the Translations, and waive any moral rights you may have therein. To the extent any rights in any Translations cannot be assigned to Midjourney under applicable law, You grant to Midjourney a perpetual, irrevocable, exclusive, worldwide, sublicensable, transferable, royalty-free, and fully paid-up license to host, store, adapt, monetize, reproduce, copy, modify, prepare derivative works of, publicly display, publicly perform, and distribute the Translations for any purpose. This Section 12 survives the termination of this Agreement by any party, for any reason."
Within one documentClause A grants Midjourney a non-exclusive license for user-generated content and assets, while Clause B demands an assignment of all rights (or an exclusive license) for 'Translations,' which are a subset of such content, creating conflicting claims over ownership and licensing for the same material.
"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."
"You hereby irrevocably assign, transfer, and convey to Midjourney and Midjourney accepts, all rights, title, and interest (including all intellectual property and proprietary rights) in and to the Translations, and waive any moral rights you may have therein. To the extent any rights in any Translations cannot be assigned to Midjourney under applicable law, You grant to Midjourney a perpetual, irrevocable, exclusive, worldwide, sublicensable, transferable, royalty-free, and fully paid-up license to host, store, adapt, monetize, reproduce, copy, modify, prepare derivative works of, publicly display, publicly perform, and distribute the Translations for any purpose. This Section 12 survives the termination of this Agreement by any party, for any reason."
Within one documentClause A demands assignment of all rights (or an exclusive license) for 'Translations,' while Clause B grants only a non-exclusive license for 'Content You input' and 'Assets produced,' which likely include 'Translations,' creating conflicting claims about the exclusivity of rights granted to Midjourney.
"You hereby irrevocably assign, transfer, and convey to Midjourney and Midjourney accepts, all rights, title, and interest (including all intellectual property and proprietary rights) in and to the Translations, and waive any moral rights you may have therein. To the extent any rights in any Translations cannot be assigned to Midjourney under applicable law, You grant to Midjourney a perpetual, irrevocable, exclusive, worldwide, sublicensable, transferable, royalty-free, and fully paid-up license to host, store, adapt, monetize, reproduce, copy, modify, prepare derivative works of, publicly display, publicly perform, and distribute the Translations for any purpose. This Section 12 survives the termination of this Agreement by any party, for any reason."
"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."
Within one documentClause A demands assignment of all rights (or an exclusive license) for 'Translations,' while Clause B grants only a non-exclusive license for 'Content You input' and 'Assets produced,' which likely include 'Translations,' creating conflicting claims about the exclusivity of rights granted to Midjourney.
"You hereby irrevocably assign, transfer, and convey to Midjourney and Midjourney accepts, all rights, title, and interest (including all intellectual property and proprietary rights) in and to the Translations, and waive any moral rights you may have therein. To the extent any rights in any Translations cannot be assigned to Midjourney under applicable law, You grant to Midjourney a perpetual, irrevocable, exclusive, worldwide, sublicensable, transferable, royalty-free, and fully paid-up license to host, store, adapt, monetize, reproduce, copy, modify, prepare derivative works of, publicly display, publicly perform, and distribute the Translations for any purpose. This Section 12 survives the termination of this Agreement by any party, for any reason."
"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."
Within one documentClause A demands assignment of all rights (or an exclusive license) for 'Translations,' while Clause B grants only a non-exclusive license for 'Content You input' and 'Assets produced,' which likely include 'Translations,' creating conflicting claims about the exclusivity of rights granted to Midjourney.
"You hereby irrevocably assign, transfer, and convey to Midjourney and Midjourney accepts, all rights, title, and interest (including all intellectual property and proprietary rights) in and to the Translations, and waive any moral rights you may have therein. To the extent any rights in any Translations cannot be assigned to Midjourney under applicable law, You grant to Midjourney a perpetual, irrevocable, exclusive, worldwide, sublicensable, transferable, royalty-free, and fully paid-up license to host, store, adapt, monetize, reproduce, copy, modify, prepare derivative works of, publicly display, publicly perform, and distribute the Translations for any purpose. This Section 12 survives the termination of this Agreement by any party, for any reason."
"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."
Within one documentClause A grants Midjourney a non-exclusive license for user-generated content and assets, while Clause B demands an assignment of all rights (or an exclusive license) for 'Translations,' which are a subset of such content, creating conflicting claims over ownership and licensing for the same material.
"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."
"You hereby irrevocably assign, transfer, and convey to Midjourney and Midjourney accepts, all rights, title, and interest (including all intellectual property and proprietary rights) in and to the Translations, and waive any moral rights you may have therein. To the extent any rights in any Translations cannot be assigned to Midjourney under applicable law, You grant to Midjourney a perpetual, irrevocable, exclusive, worldwide, sublicensable, transferable, royalty-free, and fully paid-up license to host, store, adapt, monetize, reproduce, copy, modify, prepare derivative works of, publicly display, publicly perform, and distribute the Translations for any purpose."
Within one documentClause A grants Midjourney a non-exclusive license for user-generated content and assets, while Clause B demands an assignment of all rights (or an exclusive license) for 'Translations,' which are a subset of such content, creating conflicting claims over ownership and licensing for the same material.
"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."
"You hereby irrevocably assign, transfer, and convey to Midjourney and Midjourney accepts, all rights, title, and interest (including all intellectual property and proprietary rights) in and to the Translations, and waive any moral rights you may have therein. To the extent any rights in any Translations cannot be assigned to Midjourney under applicable law, You grant to Midjourney a perpetual, irrevocable, exclusive, worldwide, sublicensable, transferable, royalty-free, and fully paid-up license to host, store, adapt, monetize, reproduce, copy, modify, prepare derivative works of, publicly display, publicly perform, and distribute the Translations for any purpose."
Within one documentClause A grants Midjourney a non-exclusive license for user-generated content and assets, while Clause B demands an assignment of all rights (or an exclusive license) for 'Translations,' which are a subset of such content, creating conflicting claims over ownership and licensing for the same material.
"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."
"You hereby irrevocably assign, transfer, and convey to Midjourney and Midjourney accepts, all rights, title, and interest (including all intellectual property and proprietary rights) in and to the Translations, and waive any moral rights you may have therein. To the extent any rights in any Translations cannot be assigned to Midjourney under applicable law, You grant to Midjourney a perpetual, irrevocable, exclusive, worldwide, sublicensable, transferable, royalty-free, and fully paid-up license to host, store, adapt, monetize, reproduce, copy, modify, prepare derivative works of, publicly display, publicly perform, and distribute the Translations for any purpose."
Within one documentClause A grants Midjourney a non-exclusive license for user-generated content and assets, while Clause B demands an assignment of all rights (or an exclusive license) for 'Translations,' which are a subset of such content, creating conflicting claims over ownership and licensing for the same material.
"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."
"You hereby irrevocably assign, transfer, and convey to Midjourney and Midjourney accepts, all rights, title, and interest (including all intellectual property and proprietary rights) in and to the Translations, and waive any moral rights you may have therein. To the extent any rights in any Translations cannot be assigned to Midjourney under applicable law, You grant to Midjourney a perpetual, irrevocable, exclusive, worldwide, sublicensable, transferable, royalty-free, and fully paid-up license to host, store, adapt, monetize, reproduce, copy, modify, prepare derivative works of, publicly display, publicly perform, and distribute the Translations for any purpose."
Within one documentClause A states users can 'opt-out' of sharing via advertising cookies, implying an opt-out model, while Clause B states that non-essential (including advertising) cookies will 'only be used with your explicit consent,' implying an opt-in model.
"You have the right to opt-out of any “sale” or “sharing”, as defined by the CCPA, of Personal Information by Midjourney. While, Midjourney does not sell your information, we may share it, for example, through advertising cookies that allow our third party partners to deliver relevant and personalized ads. You can opt-out of such sharing at any time by updating your preferences in the [Privacy Settings](https://www.midjourney.com/profile-settings) page."
"Midjourney uses cookies and similar technologies for analytics and advertising purposes, including to help tailor content and ads. These non-essential cookies will only be used with your explicit consent. You can manage or withdraw your consent at any time by visiting the [Privacy Settings](https://www.midjourney.com/profile-settings) page. Essential cookies, which are necessary for the website and our Services to function, are always active. Please refer to our [Cookie Policy](https://docs.midjourney.com/hc/en-us/articles/37012090959245-Cookie-Policy) for more information."
Within one document
Evidence appendix
Showing priority citations first. The full appendix is available for audit trails; not every citation is a severe risk.
"- Your ownership is subject to any obligations imposed by this Agreement and the rights of any third-parties."
Qualifies the customer's ownership of Assets by subjecting it to obligations imposed by the Agreement and third-party rights, limiting the scope of ownership granted.
AI-generated interpretation, not legal advice.
"Midjourney may use Personal Data for the following purposes: - **To provide, maintain, and improve our Service,** including to monitor the usage of our Service. - **To manage Your account:** to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user. - **For the performance of a contract:** the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service. - **To contact You:** To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation. - **To provide You** with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information. - **For marketing and advertising purposes**, including through cookies and similar technologies with your consent where applicable. - **To manage Your requests:** To attend and manage Your requests to Us. - **For business transfers:** We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred. - **For other purposes:** We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience."
The 'other purposes' catch-all and the explicit inclusion of marketing, advertising, and business-transfer uses give Midjourney wide discretion to process personal data (including user prompts classified as personal data) for purposes that may not align with user expectations.
AI-generated interpretation, not legal advice.
"| 3 | **Protected classification characteristics under California or federal law.** Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). | YES (only the information you share upon consent as part of an applicable survey) | YES |"
This segment defines protected classification characteristics under California and federal law (age, race, disability, sex, etc.), discloses that such data is collected only with consent via surveys and is disclosed, constituting a conditional permission and transparency obligation.
AI-generated interpretation, not legal advice.
"**Applicability:** This Policy applies to personal data that Midjourney collects, uses, and discloses and which may include: (i) data collected through the Services, (ii) data collected through the process of training Midjourney machine learning algorithms, (iii) data collected through Midjourney websites, and (iv) data collected from third party sources. Third party sources may include, but not be limited to: public databases, commercial data sources, and the public internet. When you make purchases, we use third-party payment processors to collect credit card or other financial information. Midjourney does not store the credit card or payment information you provide, only confirmation that payment was made."
Defines the applicability of the Policy by enumerating four categories of personal data covered, including data collected through the Services, through ML training processes, through websites, and from third-party sources, thereby scoping the legal obligations for data handling across all collection channels.
AI-generated interpretation, not legal advice.
"- **For other purposes:** We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience."
Grants Midjourney a broad residual permission to use personal data for additional purposes including data analysis, trend identification, campaign effectiveness evaluation, and service improvement, extending the lawful basis for data processing beyond the specifically enumerated uses.
AI-generated interpretation, not legal advice.
"We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page."
Establishes the procedure by which Midjourney will notify users of Privacy Policy changes, namely by posting the updated policy on this page, and reserves the right to make such updates at any time.
AI-generated interpretation, not legal advice.
"You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page."
Advises users to periodically review the Privacy Policy and establishes that changes become effective upon posting, defining the operative effective date for policy amendments.
AI-generated interpretation, not legal advice.
"**Changes:** We may update this Policy from time-to-time to reflect changes in legal, regulatory, operational requirements, our practices, and other factors. Please check this Policy periodically for updates. If any of the changes are unacceptable to you, you should cease interacting with us. When required under applicable law, we will notify you of any changes to this Policy."
Establishes the procedure for Policy amendments, specifying that Midjourney may update the Policy and obligating users to monitor it periodically, while also conditioning notification requirements on applicable law and providing that continued interaction constitutes acceptance.
AI-generated interpretation, not legal advice.
"The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security."
Disclaims absolute security guarantees for personal data, acknowledging that no internet transmission or electronic storage method is 100% secure while stating the Company's commitment to commercially acceptable protective measures.
AI-generated interpretation, not legal advice.
"We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information."
Reserves Midjourney's right to investigate reported violations and disclose user data (profiles, email addresses, usage history, IP addresses, traffic information) to law enforcement, regulators, or other third parties as deemed appropriate.
AI-generated interpretation, not legal advice.
"- **For business transfers:** We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred."
Permits Midjourney to use personal data in connection with business transfer transactions such as mergers, acquisitions, and bankruptcy proceedings, and identifies such data as a transferable asset, establishing a lawful basis for M&A-related data processing.
AI-generated interpretation, not legal advice.
"Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer."
Establishes that the user's consent to the Privacy Policy and submission of information constitutes agreement to cross-border data transfer, creating a consent-based legal mechanism for international data transfers.
AI-generated interpretation, not legal advice.
"If You purchase an unlimited plan, we will try to reasonably offer You unlimited access to the Services. However, we reserve the right to rate limit You to prevent quality decay or interruptions to other customers."
Reserves Midjourney's right to rate limit users on unlimited plans to prevent quality decay or service interruptions to other customers, restricting the extent of access guaranteed under unlimited subscription tiers.
AI-generated interpretation, not legal advice.
"To the extent permitted by law, you will indemnify and hold us harmless, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Assets or any violation of these Terms."
User bears full indemnification exposure for any third-party claim arising from use of the platform or its outputs ('Assets'), with no monetary ceiling on indemnity unlike the platform's own liability cap of 12-month fees paid.
AI-generated interpretation, not legal advice.
"You understand and agree that we will not be liable to You or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however they arise. Our aggregate liability under this Agreement will not exceed the amount You paid for the Services that gave rise to the claim during the 12 months before the claim."
The broad exclusion of consequential, indirect, and data-loss damages combined with a 12-month fee cap creates an asymmetric risk allocation heavily favoring Midjourney.
AI-generated interpretation, not legal advice.
"For business transfers:** We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company."
In M&A scenarios, user personal data (including prompts) becomes a transferable asset. There is no clause requiring the successor entity to honor the same privacy commitments, creating post-transfer risk.
AI-generated interpretation, not legal advice.
"With Service Providers, Third Party Vendors, Consultants, and other Business Partners:** We may share Your personal information with these parties in order to provide the Services to You on our behalf, monitor and analyze the use of our Services, contact You, and for other purposes stated in the Agreement. This may also include third party analytics and advertising partners that use cookies or similar technologies to help measure performance and deliver more relevant ads, where permitted by law."
The clause permits sharing with a broad, unnamed class of third parties for purposes including advertising. Combined with prompt data being classified as personal data, this creates a risk that creative inputs could be exposed to advertising technology ecosystems.
AI-generated interpretation, not legal advice.
"5. Survival. The sections and obligations in this Agreement that a reasonable person would expect to survive this agreement, will. Particularly the IP and privacy stuff."
Survival clause specifying that obligations a reasonable person would expect to survive termination—particularly IP and privacy provisions—remain in effect after the Agreement ends, preserving ongoing legal obligations.
AI-generated interpretation, not legal advice.
Common questions about Midjourney's policies
- Who owns the content you create with Midjourney?
- You own outputs — with license carve-outs — based on 4 verified findings from Midjourney's published policy. Informational only, not legal advice.
- Can you use Midjourney's output commercially?
- Commercial use allowed — based on 1 verified finding from Midjourney's published policy. Informational only, not legal advice.
Clause detail — protections, your obligations, and coverage
Every clause below is a verbatim quote from Midjourney's own published policy, read in full and linked to its exact location. Protections and user obligations are reported separately from risk because they are different kinds of clause — an obligation on you is not a risk to your data. Informational only, not legal advice.
✅ Protections found
24 verified clausesClauses in Midjourney's policies that work in your favour — commitments the platform made to you.
- Privacy & data usesale/sharing of personal data
“You may only make a verifiable consumer request for access or data portability up to two times within a 12-month period. You may make a verifiable do not sell opt-out request at any time. Any such request must: (i) provide sufficient information that allows Us…”
This segment establishes procedural limitations on consumer requests, including a cap of two access/portability requests per 12-month period, requirements for verifiable identity or authorized representative status, and…
📍 Privacy Policy › “6\. Supplemental Terms and Conditions for Certain Regions”Jump to exact text → - Privacy & data usesale/sharing of personal data
“You have the right to request that Midjourney disclose certain information to you about our collection and use of your Personal Information over the past twelve (12) months. Once Midjourney receives and confirms your verifiable information access request, Midj…”
This segment grants California residents the right to request disclosure of specific information about Midjourney's collection and use of their personal information over the prior 12 months, and enumerates the categories…
📍 Privacy Policy › “6\. Supplemental Terms and Conditions for Certain Regions”Jump to exact text → - Privacy & data use
“We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you in writing of the extension period and the reason for it. Midjourney will deliver any required or requested respo…”
This segment establishes the 45-day response timeline (extendable to 90 days with notice), the written email delivery format, the 12-month look-back period for disclosures, the requirement to explain denials, and the for…
📍 Privacy Policy › “6\. Supplemental Terms and Conditions for Certain Regions”Jump to exact text → - Privacy & data usechildren's data
“Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, plea…”
Restricts collection of personally identifiable information from children under 13, establishes a procedure for parental reporting, and imposes an obligation to delete data collected from minors without verified parental…
📍 Privacy Policy › “3\. Children's Privacy”Jump to exact text → - Privacy & data use
“To exercise your access, data portability, and deletion or do not sell opt-out rights described above, please visit [www.midjourney.com/account](https://www.midjourney.com/account) and follow the instructions listed at the bottom of the page to delete your acc…”
This segment describes the specific mechanisms by which users can exercise their CCPA rights (access, portability, deletion, opt-out), directing them to account settings and linked instructions, establishing the procedur…
📍 Privacy Policy › “6\. Supplemental Terms and Conditions for Certain Regions”Jump to exact text → - Privacy & data usedeletion rights & post-termination survival
“You have the right to request that Midjourney delete any of your Personal Information that we collected from you and/or retained. Unless subject to a certain limited exception, once Midjourney receives and confirms your verifiable data deletion request, we wil…”
This segment grants California residents the right to request deletion of their personal information, imposes an obligation on Midjourney to delete data and direct service providers to do the same upon verification, and…
📍 Privacy Policy › “6\. Supplemental Terms and Conditions for Certain Regions”Jump to exact text →
+ 18 more verified clauses of this kind on this platform, cited in full in the report.
📋 Rules you must follow
9 verified clausesWhat Midjourney requires of YOU. These are your obligations, not risks to your data or IP, so they are cited here and excluded from this platform's risk rating.
- Moderation & enforcement
“You may not use the Service to try to violate the intellectual property rights of others, including copyright, patent, or trademark rights. Doing so may subject you to penalties including legal action or a permanent ban from the Service.”
Prohibits use of the Service to violate third-party intellectual property rights (copyright, patent, trademark) and states potential consequences including legal action or permanent ban.
📍 Terms of Service › “1\. Service Availability and Quality”Jump to exact text → - Moderation & enforcement
“01. Be kind and respect each other and staff. Do not create Assets, use prompts, or submit content that are inherently disrespectful, aggressive, hateful, or otherwise abusive. Violence or harassment of any kind will not be tolerated.”
Restricts users from creating assets, using prompts, or submitting content that is disrespectful, aggressive, hateful, abusive, violent, or harassing, establishing behavioral obligations enforceable through the platform'…
📍 Terms of Service › “9\. Community Guidelines”Jump to exact text → - Moderation & enforcement
“06. You may not use the Services for illegal activity nor may you upload content to our servers that involves illegal activity, or where the uploading itself may be illegal.”
Prohibits use of the Services for illegal activity or uploading content involving illegal activity, establishing a legal compliance obligation enforceable through platform moderation.
📍 Terms of Service › “9\. Community Guidelines”Jump to exact text → - Moderation & enforcement
“5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.”
Requires a good-faith belief statement that the use of the copyrighted material is unauthorized, a legally mandated element of a DMCA takedown notice under 17 U.S.C. § 512(c)(3).
📍 Terms of Service › “5\. DMCA and Takedowns Policy”Jump to exact text → - Moderation & enforcement
“04. You may not use the Services to generate images for political campaigns, or to try to influence the outcome of an election.”
Prohibits use of the Services to generate images for political campaigns or to influence election outcomes, restricting a specific category of commercial and political use of AI-generated outputs.
📍 Terms of Service › “9\. Community Guidelines”Jump to exact text →
+ 4 more verified clauses of this kind on this platform, cited in full in the report.
What the policies actually cover
14 topics- Product telemetry & usage tracking7 clauses
- Advertising & tracking1 protective8 clauses
- Sale or sharing of personal data3 protective7 clauses
- Sensitive data (biometric, location, health)2 protective4 clauses
- Children's data1 protective4 clauses
- Government & law-enforcement disclosure1 protective6 clauses
- Arbitration & class-action waiver3 clauses
- Damages & liability cap5 clauses
- Indemnity direction3 clauses
- Terms can change at any time3 clauses
- Deletion rights & post-termination survival1 protective2 clauses
- License survival after account deletion1 clause
- Feedback ownership1 clause
- Conduct restrictions2 obligations2 clauses
99 further verified clauses are cited on this page but not yet assigned a topic.
Cross-clause notes
The Terms of Service, Terms of Service › “Your Rights and Obligations” describes rights the platform takes in user content, and the Privacy Policy, § 2.3 (Sharing of Your Personal Data) describes disclosure of data to third parties or subprocessors. Both clauses are in force at the same time — read them together.
Automated cross-reference against the published rubric — not legal advice.
Clause intelligence
Canonical clauses and stance patterns extracted from the same gate-verified citations shown on this page.
The clause imposes arbitration, class-action waiver, or jury-trial waiver terms.
“Governing Law. This Agreement shall be governed by the laws of the State of California, USA, without reference to conflict of law rules. All disputes will be governed by the arbitration agreement above.”Open source citation
The clause imposes arbitration, class-action waiver, or jury-trial waiver terms.
“**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 In...”Open source citation
The clause imposes arbitration, class-action waiver, or jury-trial waiver terms.
“6. Governing Law. This Agreement shall be governed by the laws of the State of California, USA, without reference to conflict of law rules. All disputes will be governed by the arbitration agreement above.”Open source citation
The clause imposes arbitration, class-action waiver, or jury-trial waiver terms.
“6. Governing Law. This Agreement shall be governed by the laws of the State of California, USA, without reference to conflict of law rules. All disputes will be governed by the arbitration agreement above.”Open source citation
The clause includes sublicensable, transferable, or assignable rights.
“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 su...”Open source citation
Tier matrix
Plan-level conditions detected from citation-backed clauses. Empty tiers mean AIRIN has not captured decisive tier language yet.
| Tier | Surface | Verdict | Risk | Citations |
|---|---|---|---|---|
| All applicable tiers | data retention | conditional | MEDIUM | 1 |
| All applicable tiers | governing law disputes | conditional | MEDIUM | 4 |
| All applicable tiers | indemnity liability | conditional | MEDIUM | 2 |
| All applicable tiers | moderation enforcement | worsens | HIGH | 2 |
| All applicable tiers | privacy data use | worsens | HIGH | 3 |
| All applicable tiers | subprocessors data sharing | worsens | HIGH | 6 |
| All applicable tiers | tier differences | worsens | HIGH | 1 |
| Free | moderation enforcement | worsens | HIGH | 4 |
| Free | output ownership | worsens | HIGH | 4 |
| Free | prompt ownership | worsens | HIGH | 4 |
| Free | tier differences | worsens | HIGH | 2 |
| Free | training use | worsens | HIGH | 2 |
Policy evolution
Open full timelineBefore/after stance changes across captured policy versions. When no material delta exists yet, AIRIN shows the latest citation-backed stance events instead.
Latest stance: platform claims or reserves rights on subprocessors data sharing
“We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.”Open timeline citation
Latest stance: broad license on prompt ownership
“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.”Open timeline citation
Latest stance: sublicensable or transferable on moderation enforcement
“You hereby irrevocably assign, transfer, and convey to Midjourney and Midjourney accepts, all rights, title, and interest (including all intellectual property and proprietary rights) in and to the Translations, and waive any moral rights you may have therein. To the extent any rights in any Translations cannot be assigned to Midjourney under applicable law, You grant to Midjourney a perpetual, irrevocable, exclusive, worldwide, sublicensable, transferable, royalty-free, and fully paid-up license to host, store, adapt, monetize, reproduce, copy, modify, prepare derivative works of, publicly display, publicly perform, and distribute the Translations for any purpose. This Section 12 survives the termination of this Agreement by any party, for any reason.”Open timeline citation
Latest stance: sublicensable or transferable on prompt ownership
“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.”Open timeline citation
Latest stance: broad license on moderation enforcement
“You hereby irrevocably assign, transfer, and convey to Midjourney and Midjourney accepts, all rights, title, and interest (including all intellectual property and proprietary rights) in and to the Translations, and waive any moral rights you may have therein. To the extent any rights in any Translations cannot be assigned to Midjourney under applicable law, You grant to Midjourney a perpetual, irrevocable, exclusive, worldwide, sublicensable, transferable, royalty-free, and fully paid-up license to host, store, adapt, monetize, reproduce, copy, modify, prepare derivative works of, publicly display, publicly perform, and distribute the Translations for any purpose. This Section 12 survives the termination of this Agreement by any party, for any reason.”Open timeline citation
Latest stance: arbitration or waiver on governing law disputes
“6. Governing Law. This Agreement shall be governed by the laws of the State of California, USA, without reference to conflict of law rules. All disputes will be governed by the arbitration agreement above.”Open timeline citation
Latest stance: platform claims or reserves rights on subprocessors data sharing
“We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.”Open timeline citation
Latest stance: platform claims or reserves rights on moderation enforcement
“Upon receipt of a notice that complies with the foregoing, we reserve the right to remove or disable access to the accused material or disable any links to the material; notify the party accused of infringement that we have removed or disabled access to the identified material; and terminate access to and use of the Services for any user who engages in repeated acts of infringement.”Open timeline citation
Capture recency
- Terms of Service:Last captured 2026-07-29· verified 2026-07-29
- Privacy Policy:Last captured 2026-06-07· verified 2026-06-07verified once — no re-scan in 96 days
Dates state when our pipeline captured and verified each document — not when the vendor last changed it. Documents are re-scanned on a recurring cadence; a document verified once says so until a re-scan confirms it again.
↓ 1 fewer findings this quarter vs last (203 vs 204). First scan: June 2026.
Compare and stack are saved in your browser. Open compare · View your stack. A correction triggers an automated re-read of Midjourney's policies — no human edits the data.
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Every finding above is a verbatim quote from Midjourney's own published policy, captured to an immutable snapshot and read in full through a two-gate verification pipeline. Confidence labels and any analysis are AI-generated and informational only — not legal advice.
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