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 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 →Removal of specific monetary liability cap (AUD $100 or prior payments) eliminates user's ability to quantify maximum damages exposure and may increase potential liability for Canva.
View full change record →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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"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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