I then tried to find their API so I could use it in my product. Google showed no results. I thought I was Googling wrong.
It turns out, Midjourney didn't have an API
Of course, I set out to build it. I created a POC and posted it on the Midjourney subreddit[1]. That's when I discovered that Midjourney's ToS specified that user's aren't allowed automated access Too late, I had already built it and had a lot of email signups from people wanting it. The initial idea was to have a bunch of Midjourney accounts and let people generate images using my accounts. Now that was a no go since I'd be in violation of their ToS.
To sidestep the issue, I decide to let the end users take the risk. You want API access, you provide your Midjourney account and we'll do the rest. At first I launched a self-hosted version that people would pay once and then use it on their on hardware.
This proved too cumbersome to setup, so I launched the cloud version. Mind you, it took me months to learn this lesson. To say it's been going great is an understatement. I've been building side projects since 2014, starting with HNdigest (which I exited for a whopping $2k ).
The farthest I got was $3,000 MRR in 2019 which was a huge success. Now, ImagineAPI.dev is doing $16k MRR Fast forward to a few days ago. I check my email and see that Midjourney sent me a cease and desist. They had two issues: ToS Violation[2] and Trademark Infringement[3]. I want to be clear, I've never intended to harm Midjourney. Every image generating with ImagineAPI.dev has been paid for — we don't allow users to generate free images using Midjourney's relaxed mode. There are alternative API products that do that and we get people asking all the time. However, I wanted Midjourney to benefit from us being around; not to be harmed. However, I certainly don't intend to roll over and kill my product. We're not in violation of the ToS as we don't have any Midjourney accounts. I've updated marketing assets to specify that we're an "(unofficial) Midjourney API". What else should I do? What should I respond to their legal counsel with? Anyone have experience with this type of threat in the past? How did you handle it? P.S.: My legal entity is based in Canada. FWIW. [1] https://www.reddit.com/r/midjourney/comments/11betr7/i_created_an_unofficial_api_for_midjourney/
[2] https://share.cleanshot.com/NPXjkk3c
[3] https://share.cleanshot.com/94ZvY4q4 https://share.cleanshot.com/j47jnx6N
In this specific instance you are providing a product that interfaces with their product. Your product allowing breaking TOS is likely grounds for their lawsuit. For similar cases look up bot manufacturers in World of Warcraft vs Blizzard. They won all their cases by saying the code that is in the ram is their property.
Edit: I also wanted to add that even if you are somehow not against their tos right now they can always update their tos to not allow your type of service..
I wouldn't have high hopes if I were you, I'm not a lawyer, but I think you have a weak legal position. An actual lawyer might tell you otherwise.
Also layout of your post is screwed up on mobile, I yhink it made you lost attention from mobile users which are many I guess
Yes you are, by your own admission just a few lines above, and a quick glance at the ToS itself. Your "intent" doesn't matter. By using the service, you must comply with the ToS, full stop (unless it is clearly void by existing law, which as your lawyers will immediately tell you if you choose to waste money on them, it isn't in this case).