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
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.
"You grant to Midjourney... a perpetual, worldwide... royalty-free, irrevocable copyright license... This license survives termination"
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.
"By default, Your Content is publicly viewable and remixable."
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.
"the Dispute will be resolved by binding arbitration rather than in court... waive any right to trial by jury"
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.
"We reserve the right to modify or discontinue any aspect of the Service, including pricing and features, at any time."
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.
"Our aggregate liability under this Agreement will not exceed the amount You paid... during the 12 months before the claim."
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.
"You own all Assets You create with the Services to the fullest extent possible under applicable law."
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.
"You can request access, correction, updates or deletion of your Personal Data... request portability of your Personal Data."
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.
"You will not be refunded for the current subscription period, but You will not be charged after the current subscription period has ended."
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.
"This may also include third party analytics and advertising partners that use cookies or similar technologies"
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.
"Midjourney does not store the credit card or payment information you provide, only confirmation that payment was made."
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.
"we will promptly notify You and provide You with a copy of the request, unless we are legally prohibited from doing so."
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Documents
Terms of Service
source ↗- •You must be at least 13 and meet your country’s digital consent age; parents are responsible for teenagers using the service.
- •Midjourney may change, limit, suspend, or end the service at any time, and the service and outputs are provided "as is" without warranties.
- •You generally own assets you create, but companies over $1 million revenue need a Pro or Mega plan to own them.
- •You are responsible for your prompts, uploads, and outputs, and must have rights and permissions for content and any people depicted.
- •You give Midjourney a perpetual, worldwide, royalty-free license to use, display, distribute, and sublicense your inputs and generated assets, even after termination.
- •By default, content is public and remixable; Stealth mode uses best efforts to avoid publication, but shared spaces like Discord chats remain visible to others.
- •You may not reverse engineer, automate access, resell access, create competing services, use multiple accounts, infringe rights, deceive others, or violate community rules.
- •Copyright owners can send takedown notices, users can send counter-notices, and repeat infringers may lose access to the service.
- •Disputes must first try to settle within 30 days, then go to binding arbitration in Santa Clara County, California, with no jury trial.
- •You can cancel anytime, but Midjourney says current subscription periods are nonrefundable, limits liability to fees paid in the prior 12 months, and requires indemnification for third-party claims.
Privacy Policy
source ↗- •Midjourney collects data you provide, including usernames, prompts, uploaded content, contact details, IP address, cookies, usage data, and some data from third parties.
- •It uses your data to run accounts and services, process purchases, communicate with you, market similar services, analyze usage, and improve products.
- •Payment details are handled by third-party processors; Midjourney says it does not store your card information, only payment confirmation.
- •It may share personal data with service providers, analytics and advertising partners, business transfer parties, law enforcement, and others when legally required.
- •Your data may be transferred to other countries, and Midjourney says it uses reasonable safeguards, but cannot guarantee complete security.
- •Midjourney keeps personal data as long as needed for stated purposes, legal compliance, disputes, and enforcement, with usage data usually kept shorter.
- •The service is not for children under 13, and Midjourney says it will remove personal data collected from them without proper parental consent.
- •EEA, UK, and Swiss users can access, correct, delete, restrict, object to processing, request portability, and withdraw consent through account settings.
- •California users can request access, portability, and deletion, and can opt out of certain sharing through advertising cookies using privacy settings.
- •Midjourney may update this policy, posting changes online and giving notice by email or prominent service notice when required.
