Users agree to indemnify and hold Canva and its affiliates harmless from claims, damages, liabilities, and legal costs arising from the user's access to or use of the Service, breach of the Terms, or user-generated content posted on the platform.
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
This provision establishes that users bear financial responsibility for legal claims brought against Canva arising from the user's conduct, account activity, Terms violations, or user-generated content. The indemnification obligation extends to attorney's fees and applies to activity conducted by any person using the user's account credentials.
Interpretive note: Enforceability of the indemnification clause may be limited in EU, UK, and Australian jurisdictions under unfair contract terms legislation applicable to consumer agreements.
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 →Under this clause, users are responsible for defending and covering the costs of claims brought against Canva that arise from their use of the platform, their content, or activity conducted through their account by any person using their credentials. This obligation includes legal costs and attorney's fees.
How other platforms handle this
You agree to defend, indemnify, and hold harmless Teachable and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of...
You agree to defend, indemnify, and hold harmless Ancestry and its officers, directors, employees and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of t...
You agree that Your Content must comply with our Community Guidelines as updated from time to time. As Your Content is unique, you are responsible and liable for Your Content. You will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
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"You agree to defend, indemnify, and hold harmless Canva and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) User Content posted on the Service.— Excerpt from Canva's Canva Terms of Use
REGULATORY LANDSCAPE: Indemnification clauses in consumer contracts may be subject to scrutiny under EU unfair contract terms directives, which may limit the enforceability of broadly worded indemnification obligations against consumers. In the US, indemnification clauses in consumer contracts are generally enforceable, though their scope may be limited by applicable state law. The Australian Consumer Law similarly addresses unfair contract terms that create significant imbalance in consumer contracts. GOVERNANCE EXPOSURE: Medium. The extension of indemnification obligations to activity by any person using the user's account and password creates operational risk for users who share account credentials or whose accounts are compromised, as they may be held responsible for third-party conduct conducted through their credentials. JURISDICTION FLAGS: EU consumers may have statutory protection against broadly worded indemnification clauses under the Unfair Contract Terms Directive, which prohibits terms that create a significant imbalance between the parties' rights and obligations. Australian consumers have equivalent protections under the Australian Consumer Law unfair contract terms regime. CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers should assess whether the indemnification clause extends to their employees' or contractors' use of shared Canva accounts and whether this creates organizational liability for third-party claims. Procurement teams should consider whether negotiated enterprise agreements provide a more balanced indemnification structure. COMPLIANCE CONSIDERATIONS: Organizations deploying Canva across multiple users should implement account security policies that prevent credential sharing and unauthorized access, as the indemnification obligation applies to any person using an account's credentials. Legal teams should assess whether the indemnification scope is consistent with the organization's risk management framework.
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This provision establishes that users bear financial responsibility for legal claims brought against Canva arising from the user's conduct, account activity, Terms violations, or user-generated content. The indemnification obligation extends to attorney's fees and applies to activity conducted by any person using the user's account credentials.
Under this clause, users are responsible for defending and covering the costs of claims brought against Canva that arise from their use of the platform, their content, or activity conducted through their account by any person using their credentials. This obligation includes legal costs and attorney's fees.
ConductAtlas has identified this type of provision across 13 platforms. See the full comparison.
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