Any legal disputes about Canva's Terms will be decided under Australian law and in Australian courts, regardless of where you are located.
This analysis describes what Canva's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
Choosing New South Wales, Australia as the governing jurisdiction means that users outside Australia who wish to pursue legal claims may face practical and financial barriers to accessing the designated courts.
Interpretive note: Mandatory consumer protection law in the EU, UK, and several US states may limit the enforceability of the Australian forum selection clause for consumers in those jurisdictions.
The updated Terms of Use no longer include language describing Canva's use of non-essential cookies for personalization, advertising, and analytics, nor do they reference how users can manage cookie …
The updated Terms of Use no longer include the prior disclosure that Canva uses non-essential cookies for personalization, targeted advertising, and analytics, and no longer reference a cookie policy…
Users outside Australia who have a dispute with Canva are contractually directed to Australian courts under Australian law, which may present significant logistical and cost barriers to pursuing individual claims, particularly for consumers in the EU, UK, or US.
How other platforms handle this
This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Each party irrevocably submits to the exclusive jurisdiction of the courts of Ontario, Canada for t...
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in San Francisco County, California.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions. Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal court...
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"These Terms are governed by the laws of New South Wales, Australia, without regard to its conflict of laws principles. You and Canva agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia for the resolution of any disputes arising out of or relating to these Terms or the Services.— Excerpt from Canva's Canva Terms of Use
(1) REGULATORY LANDSCAPE: Choice of law and jurisdiction clauses in consumer contracts may be limited or overridden by mandatory consumer protection law in the EU (Rome I Regulation, Brussels I Recast Regulation), the UK, and certain US states, which may require disputes to be heard in the consumer's home jurisdiction under local law. The EU's Rome I Regulation generally preserves the application of mandatory consumer protection provisions of the consumer's habitual residence regardless of contractual choice of law. Australian courts may also apply Australian Consumer Law as non-excludable regardless of forum selection. (2) GOVERNANCE EXPOSURE: Medium. The practical effect of the forum selection clause is moderated by mandatory consumer protection law overrides in the EU and UK, but US consumers may face greater difficulty asserting forum challenges. For enterprise customers, governing law and jurisdiction terms are a standard negotiation point that may be addressed in enterprise agreements. (3) JURISDICTION FLAGS: EU consumers retain rights under mandatory EU consumer law regardless of the governing law clause. UK consumers are similarly protected under the Consumer Rights Act 2015. California consumers may be able to assert rights under California law despite the forum selection clause. US consumers outside California face the greatest practical exposure to the Australian jurisdiction requirement. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers should negotiate governing law and jurisdiction terms as part of enterprise agreements where applicable, particularly where disputes are likely to be commercially significant. Legal teams should assess whether standard indemnification and dispute resolution provisions are compatible with the organization's preferred governing law. (5) COMPLIANCE CONSIDERATIONS: Organizations operating in the EU should document that Canva's forum selection clause does not override GDPR data subject rights or mandatory EU consumer law protections applicable to their users.
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Choosing New South Wales, Australia as the governing jurisdiction means that users outside Australia who wish to pursue legal claims may face practical and financial barriers to accessing the designated courts.
Users outside Australia who have a dispute with Canva are contractually directed to Australian courts under Australian law, which may present significant logistical and cost barriers to pursuing individual claims, particularly for consumers in the EU, UK, or US.
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