Midjourney

Midjourney represents a significant advancement in AI-generated content, combining sophisticated image creation with powerful text input capabilities. Its platform has rapidly gained popularity, but with this growth comes increased complexity in understanding the associated terms of service and usage guidelines. This detailed exploration examines Midjourney's service requirements, content generation policies, subscription structure, and dispute resolution mechanisms—providing users and developers with a comprehensive understanding of their rights and responsibilities.

Service Requirements and Usage

The Midjourney platform, which includes both image generation and text input capabilities, operates under detailed service requirements outlined in their Terms of Service agreement. Users must adhere to strict guidelines regarding automated tool usage, account ownership limitations, and prohibitions against developing competitive services.

Service Usage Guidelines

The Terms of Service explicitly prohibit users from employing automated tools to access, interact with, or generate content through the platform. Each user is limited to single-account usage and is forbidden from developing or offering competing products or services. The platform reserves comprehensive rights to suspend or ban accounts without cause, maintaining full discretion over access management.

Content Generation and Ownership

Users retain ownership of content they generate, subject to several key conditions. While Midjourney grants itself a perpetual, worldwide license for reproduction and distribution of user-generated content, this does not apply to assets created by companies or employees with over $1,000,000 USD annual revenue. These entities must subscribe to Pro or Mega plans to maintain full ownership rights.

Subscription Plans and Pricing

The service offers four subscription tiers: Basic ($10/month or $96/year), Standard ($30/month or $288/year), Pro ($60/month or $576/year), and Mega ($120/month or $1152/year). Each plan includes specific GPU time allocations ranging from 3.3 hours to 60 hours monthly. Users can manage their subscriptions through the Midjourney website or Discord server.

Dispute Resolution and Guidelines

All disputes are subject to binding arbitration through the American Arbitration Association's Expedited Commercial Rules. The process requires mutual selection of an arbitrator and takes place in Santa Clara County, California, USA. Users agree to waive their right to jury trials for any arbitration proceedings.

Content Generation and Ownership

According to Midjourney's terms, users retain ownership of content they generate, subject to several key conditions. While Midjourney grants itself a perpetual, worldwide license for reproduction and distribution of user-generated content, this exception does not apply to assets created by companies or employees with over $1,000,000 USD annual revenue—these entities must subscribe to Pro or Mega plans to maintain full ownership rights.

The company maintains a PG-13 content standard, though AI-generated assets may not always meet user expectations. Personal information provided through the platform includes email addresses, user names, billing information, favorites, image outputs, and text prompts entered into the service, as well as uploaded sample images. Midjourney's privacy policy governs the handling of this information, though users are advised to consult their own legal counsel for jurisdiction-specific intellectual property law questions.

The service provides detailed guidance on content generation and usage, including requirements for using the image editor tool, which is restricted to users who have purchased an annual subscription, created more than 10,000 Assets, or continuously subscribed for more than 12 months. All users must meet age requirements and comply with applicable laws, Midjourney Community Guidelines, and other policies to access and use the editor.

Midjourney grants users a license to allow others to use and remix their content whenever posted in public settings, with default content set to public view and remix permissions. Users with the Stealth feature enabled through Pro or Mega subscriptions agree that Midjourney will make best efforts not to publish assets created in stealth mode, though this is not guaranteed.

Subscription Plans and Pricing

Midjourney offers four subscription tiers that extend the basic functionality of the service in increasingly comprehensive ways. The Basic plan ($10/month or $96/year) provides 3.3 hours of Fast GPU time per month, allowing users to run their jobs until they expire, with additional Fast GPU time available at $4 per hour. The Standard plan ($30/month or $288/year) escalates this to 15 hours of Fast GPU time monthly, while Pro ($60/month or $576/year) and Mega ($120/month or $1152/year) tiers deliver 30 and 60 hours of Fast GPU time respectively, along with higher job limits (10 simultaneous jobs for Pro and Mega subscribers compared to 3 for Basic users) and unrestricted GPU usage.

Subscribers manage their accounts via the official Discord server or through the Midjourney website, where they can adjust their subscription status through their account settings. Billing operates on a straightforward monthly recurring basis through a third-party processor, though users have the option to switch their payment method at any time before their next billing cycle. Midjourney employs an automated renewal system that charges the selected payment method at the end of each billing period unless changes are made to the account settings.

The company maintains that unused Fast GPU time does not carry over from month to month, ensuring fair capacity distribution among its user base. While the service aims to prevent quality decay or interruptions for other customers, it reserves the right to implement rate limiting measures as necessary to maintain system performance and integrity. This structured approach to pricing and usage helps ensure the platform remains accessible while supporting ongoing development and service reliability.

Dispute Resolution and Guidelines

Disputes between Midjourney and its users are governed by a binding arbitration process administered by the American Arbitration Association's Expedited Commercial Rules. This agreed-upon mechanism requires both parties to select an arbitrator, with proceedings conducted in English in Santa Clara County, California, USA. Importantly, both parties waive their right to trial by jury for any disputes resolved through this process.

Any user of Midjourney's services has the option to cancel their subscription at any time. However, if service access is suspended or banned for violation of Community Guidelines or inappropriate use, no refunds will be issued for the current subscription period. The company retains the right to implement rate limiting measures as needed to maintain system performance and prevent quality degradation for other users.

Service Usage and Compliance

Midjourney maintains its platform at a PG-13 content standard, though AI-generated content may occasionally fall short of user expectations. All users, regardless of age, must comply with the company's Community Guidelines, which prohibit disrespect, aggression, gambling, and content distribution without permission. The service explicitly forbids use for political campaigning, image manipulation with deceptive intent, and sharing private information.

Content Sharing and Ownership

Users retain ownership of their creations to the fullest extent allowed by law, though companies with annual revenues exceeding $1,000,000 must subscribe to the Pro or Mega plan to maintain full ownership rights. Midjourney reserves a perpetual, worldwide license to use, reproduce, and distribute user content for any purpose. This license applies even after termination of the user agreement, though users can restrict publication through the Stealth feature in Pro or Mega plans.

Support and Resources

For detailed subscription management, including account changes and billing inquiries, users should visit the Midjourney website or contact support through the provided help resources. The company's official Discord server serves as the primary platform for managing subscription preferences and accessing support services.

Legal and Copyright Policies

Midjourney's platform includes robust legal and copyright policies designed to address concerns about content ownership and infringement. The company's DMCA and takedown procedures establish a clear process for handling copyright complaints, while also protecting users' rights through proper notice and counter-notification procedures.

DMCA and Takedown Procedures

In response to copyright infringement claims, Midjourney requires notification containing specific elements: a signature, description of the copyrighted work, precise location of the infringing material, contact information, a good faith belief statement, a perjury statement, authorization statement, and country identification (if applicable). These notifications should be sent to takedown@midjourney.com with "Takedown Request" in the subject line, or to Midjourney, Inc.'s physical address in South San Francisco, California.

Upon receiving valid notice, Midjourney has the right to remove or disable access to infringing material and will notify the affected user accordingly. Accounts may be terminated for repeated infringement. The company holds users liable for damages, including costs and attorneys' fees, if they knowingly misrepresent infringement under Section 512(f) of the DMCA.

For users seeking to contest takedowns, a counter-notification must be submitted within 10-14 business days, adhering to specific requirements including a signature, description of the removed material, contact information, a good faith belief statement, jurisdiction consent, and agent information. Content will typically be restored within 10-14 business days unless court action is initiated during that period.

Users agree to jurisdiction of Federal District Court for the district where their address is located (or any district where Services are found if outside the US) and consent to receive service from the complaining party or their agent. This comprehensive framework ensures both protection of intellectual property rights and fair process for users facing content removal.