"Use of Creations. Subject to your compliance with this Agreement, the Microsoft Services Agreement, and our Content Policy, you may use Creations outside of the Online Services for any legal personal, non-commercial purpose."
> US law states that intellectual property can be copyrighted only if it was the product of human creativity, and the USCO only acknowledges work authored by humans at present. Machines and generative AI algorithms, therefore, cannot be authors, and their outputs are not copyrightable.
So the images can also be used commercially, and this holds as much for Microsoft as for Midjourney. (Though note that Microsoft isn't denying the usage for commercial purposes, though they made it sound as if they did.)
Probably not the only factor but could be one.