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 preferences. Previously, the terms explicitly stated Canva would use cookies 'to improve and personalise your visit, tailor ads you see from us on Canva and partner sites, and to analyse our website's performance, but only if you accept.' This disclosure and consent mechanism have been removed from the main terms document. Users seeking information about cookie practices and consent options may need to consult Canva's separate cookie policy or privacy disclosures.
View change record →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 or mechanisms to manage those preferences within the Terms document itself. This does not necessarily mean Canva has stopped using such cookies, but the specific disclosure and choice mechanism previously stated in the Terms have been removed. Users who rely on the Terms of Use as a primary source for cookie disclosures will not find that information in the updated version.
View change record →Transformed from single jurisdiction (New South Wales) to regional framework with three different governing laws and contracting entities based on user residency.
View full change record →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
These Terms shall be governed by the laws of the State of California, excluding its conflicts of law rules, and the federal laws of the United States. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California...
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice o...
These Terms are governed by the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law provisions. Any disputes not subject to arbitration will be resolved in the state or federal courts located in Hennepin County, Minnesota.
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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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