Midjourney vs Claude
Side-by-side comparison of the Terms of Service and Privacy Policy of Midjourney and Claude.
Midjourney offers meaningful user rights like asset ownership, deletion/access/portability tools, payment-card minimization, and notice of law-enforcement requests where allowed. But these are offset by a perpetual content license, public-by-default sharing, mandatory arbitration, broad unilateral service changes, nonrefundable subscription periods, advertising-related sharing, and sweeping liability limitations.
Midjourney’s terms are mixed: users generally own creations, but the service takes a perpetual license to user content and makes content public/remixable by default. The company reserves broad control over service changes, suspensions, pricing, and refunds. Its privacy policy is relatively transparent and offers access, deletion, portability, and some opt-out controls, especially for EEA/UK/Swiss and California users, but it collects broad usage and content data and uses advertising cookies.
Points of interest
-
negative ●●●●● termsPerpetual license to content
Even if you own your creations, you give Midjourney an irrevocable, worldwide, royalty-free license to use, display, modify, sublicense, and distribute your inputs and outputs forever. This survives account termination.
-
negative ●●●●● termsPublic and remixable by default
Your prompts and creations are generally public and can be remixed by others unless you use paid stealth features. Even then, content shared in places like Discord chatrooms may still be visible to others.
-
negative ●●●●○ termsMandatory arbitration clause
Disputes must go to binding arbitration in Santa Clara County instead of court, and you waive jury trial rights. This usually makes it harder to bring claims in a public court.
-
negative ●●●●○ termsCan change or end service
Midjourney can modify features, algorithms, pricing, or discontinue the service at any time, and continued use means acceptance of updated terms. This creates uncertainty if you rely on specific tools or policies.
-
negative ●●●●○ termsBroad liability limits
The service is provided as-is, with broad warranty disclaimers, and Midjourney caps its liability to fees paid in the prior 12 months. Users also agree to indemnify the company for third-party claims related to their use.
-
positive ●●●●○ termsUsers generally own outputs
Midjourney says you own assets you create, which is a significant user benefit compared with some AI services. However, larger companies need a higher-tier plan to keep that ownership.
-
positive ●●●●○ privacyAccess, deletion, portability rights
The privacy policy offers account-based ways to access, delete, correct, restrict, object to processing, and port data for certain regions, with California rights too. That gives users meaningful control over their information.
-
negative ●●●○○ termsNonrefundable current period
You can cancel anytime, but Midjourney says you will not get a refund for the current subscription period. That can matter if the service changes, disappoints, or your account is terminated mid-cycle.
-
negative ●●●○○ privacyBroad data use and sharing
Midjourney collects prompts, uploads, IP address, usage data, cookies, and some third-party data, and may share data with service providers, analytics and advertising partners, and in business transfers. This is broader than a minimal-data service.
-
positive ●●●○○ privacyDoesn't store card details
Midjourney says payment cards are handled by third-party processors and it keeps only payment confirmation. That reduces the amount of sensitive financial data held directly by Midjourney.
-
positive ●●●○○ privacyLaw-enforcement notice promise
If law enforcement requests your personal data, Midjourney says it will promptly notify you and provide a copy unless legally prohibited. That is a useful transparency commitment not all services make.
Documents
The service includes several user-friendly protections—no mandatory arbitration, local court access for EEA/Swiss users, user rights in inputs/outputs, clear deletion timing, portability, and a statement that it does not sell personal data. But it also defaults to using prompts and outputs for model training, collects broad technical and content data, auto-renews subscriptions, limits liability, and allows suspension/termination with potential deletion of account materials.
Claude’s consumer terms for EEA/Swiss users are relatively transparent and preserve user ownership of inputs while assigning output rights to users. Privacy terms are mixed: Anthropic collects substantial usage and content data and may use prompts/outputs for model training by default unless you opt out, but it offers deletion, access, portability, objection rights, and says it does not sell personal data. Disputes stay in court rather than mandatory arbitration.
Points of interest
-
negative ●●●●○ termsTraining on chats by default
Your prompts, outputs, and feedback may be used to improve services and train models unless you opt out. Even after opting out, flagged content and reported feedback can still be used for training or safety review.
-
positive ●●●●○ termsNo mandatory arbitration
Users can bring disputes in court, and EEA/Swiss consumers may also file claims in their local courts. That preserves ordinary legal remedies instead of forcing private arbitration.
-
positive ●●●●○ termsYou keep input rights
Anthropic says you retain rights in your submitted content, and it assigns any rights it has in outputs to you. This is unusually favorable compared with services that claim broad ownership over user content.
-
positive ●●●●○ privacyClear deletion timeline
Deleted conversations are removed from your history immediately and from Anthropic’s back-end within 30 days. This is a concrete and user-friendly retention promise for chat history.
-
positive ●●●●○ privacyNo sale of personal data
Anthropic expressly says it does not “sell” personal data under applicable privacy laws. It also offers opt-outs for targeted advertising and says it honors global privacy controls.
-
negative ●●●○○ privacyBroad data collection
Anthropic collects not just account and payment details, but also prompts, outputs, support messages, IP address, device data, usage logs, and cookies. That gives the service a detailed picture of your activity and interactions.
-
negative ●●●○○ termsAuto-renewing subscription
Paid plans renew automatically unless canceled at least 24 hours before the end of the current term. Payments are generally nonrefundable outside legal cancellation rights.
-
negative ●●●○○ termsCan change terms and service
Anthropic may revise the terms and modify, suspend, or discontinue services, usually with 30 days' notice for material changes. This gives it significant flexibility to alter features, pricing, or rules later.
-
negative ●●●○○ termsLiability cap applies
If something goes wrong, Anthropic’s liability is capped at the greater of what you paid in the prior six months or €100, subject to mandatory legal exceptions. That can sharply limit compensation for losses.
-
positive ●●●○○ privacyAccess and portability rights
Depending on location, users may request access, deletion, correction, portability, restriction, objection, and consent withdrawal. The policy also points to Privacy Settings and a dedicated privacy email for requests.
-
negative ●●○○○ termsTermination may delete data
Anthropic may suspend or terminate access for breaches, legal compliance, security needs, or long inactivity, and it may delete materials tied to your account after termination. Users should not assume indefinite access to stored chats or content.
-
neutral ●●○○○ privacyInternational data transfers
Personal data may be transferred to the US and other countries, with Anthropic relying on adequacy decisions or standard contractual clauses. This is common, but it means your data may be processed outside your home jurisdiction.
Documents
Comparison is based on each service's published Terms of Service and Privacy Policy. Read the source documents linked above before relying on any specific clause.