If something goes wrong with Canva's service and you want to make a legal claim, the most money you can recover from Canva is capped at either what you paid in the last year or AUD $100, whichever is higher.
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
For free-tier users, the practical liability ceiling is AUD $100 regardless of the nature or extent of loss, which may significantly limit financial recourse in the event of data loss, service failure, or unauthorized use of content.
Interpretive note: Enforceability of the AUD $100 cap varies by jurisdiction; the document acknowledges ACL non-excludable rights but does not specify how the cap interacts with EU or UK mandatory consumer protections.
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…
This clause limits Canva's financial exposure to a maximum of AUD $100 for users who have not paid for a subscription, regardless of the type of harm claimed; paid users are capped at 12 months of subscription fees, which may also be a low ceiling relative to potential business losses from reliance on the platform.
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Except as stated in Section L.3.b, the liability of each party, and its affiliates and licensors, for any damages arising out of or related to these Terms (i) excludes damages that are consequential, incidental, special, indirect, or exemplary damages, including lost profits, business, contracts, re...
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WHATNOT NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORT...
In no event will either party's aggregate liability arising out of or related to this Agreement exceed the total fees paid or payable by Customer in the twelve (12) months preceding the claim. In no event will either party be liable for any indirect, incidental, special, consequential, or punitive d...
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"To the maximum extent permitted by applicable law, the total liability of Canva (including its officers, employees, agents, partners, and licensors) to you for any claims arising out of or relating to these Terms or the Services is limited to the greater of: (a) the amounts you have paid to Canva in the 12 months prior to the claim; or (b) AUD $100.— Excerpt from Canva's Canva Terms of Use
(1) REGULATORY LANDSCAPE: The document expressly acknowledges that nothing in these terms excludes guarantees, rights, or remedies that cannot be excluded under the Australian Consumer Law (ACL), including statutory guarantees under the Competition and Consumer Act 2010. EU consumer protection law, including the Unfair Contract Terms Directive, may limit the enforceability of such liability caps against consumers in EU member states. The UK's Consumer Rights Act 2015 may similarly limit enforceability for UK consumers. Enforcement authorities include the Australian Competition and Consumer Commission (ACCC), EU national consumer protection bodies, and the UK Competition and Markets Authority. (2) GOVERNANCE EXPOSURE: High. The AUD $100 floor is a low absolute cap that may not be enforceable as stated under applicable consumer protection law in Australia, the EU, or the UK, particularly for claims arising from service failures affecting business users. The document's own carve-out for ACL non-excludable rights creates a tension with the stated cap. (3) JURISDICTION FLAGS: Australian consumers retain ACL statutory guarantee rights that may supersede this cap. EU consumers are protected by mandatory consumer law that may render caps of this nature unenforceable in B2C contexts. California residents may have additional rights under California consumer protection statutes. The cap may be more enforceable in B2B contexts where both parties are commercial entities. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers relying on Canva for business-critical workflows should assess whether this liability cap is consistent with their risk tolerance and whether additional contractual protections, such as enterprise SLAs or indemnification provisions, are available under Canva's enterprise agreements. The cap does not appear to carve out gross negligence or willful misconduct, which may be relevant in contract disputes. (5) COMPLIANCE CONSIDERATIONS: Legal teams should document reliance on Canva for mission-critical functions and assess whether the liability limitation creates unacceptable vendor risk exposure, particularly for organizations operating under regulatory frameworks that require adequate vendor contractual protections.
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For free-tier users, the practical liability ceiling is AUD $100 regardless of the nature or extent of loss, which may significantly limit financial recourse in the event of data loss, service failure, or unauthorized use of content.
This clause limits Canva's financial exposure to a maximum of AUD $100 for users who have not paid for a subscription, regardless of the type of harm claimed; paid users are capped at 12 months of subscription fees, which may also be a low ceiling relative to potential business losses from reliance on the platform.
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