Canva excludes liability for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or intangible losses, arising from use or inability to use the Service, unauthorized server access, transmission interruptions, third-party malware, or content errors, to the maximum extent permitted by applicable law.
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 limits the categories of damages users may recover from Canva in connection with Service failures, data breaches, or content-related losses, subject to applicable law. The clause is qualified by the phrase 'to the maximum extent permitted by applicable law,' which means consumer protection statutes in certain jurisdictions may limit how broadly this exclusion applies in practice.
Interpretive note: The enforceability of this limitation of liability clause varies significantly by jurisdiction; EU, UK, and Australian consumer protection frameworks may limit the scope of this exclusion for consumers, and applicable law qualification preserves those statutory 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 →Replaces previous liability cap with broader categorical exclusion of consequential and indirect damages rather than a monetary limit.
View full change record →Under this clause, users are generally unable to recover indirect, consequential, or punitive damages from Canva arising from Service unavailability, data loss, or security incidents, subject to limitations imposed by applicable law in the user's jurisdiction. EU and Australian consumer protection frameworks may restrict the enforceability of this exclusion for consumers.
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"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CANVA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR USE OF OR INABILITY TO USE THE SERVICE; (ii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (iv) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (v) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.— Excerpt from Canva's Canva Terms of Use
REGULATORY LANDSCAPE: This limitation of liability clause interacts with EU consumer protection law, which generally prohibits exclusion of liability for death, personal injury, or damages caused by gross negligence or willful misconduct. The Australian Consumer Law similarly contains statutory guarantees that cannot be excluded by contract. In the US, limitation of liability clauses in consumer contracts are generally enforceable, though specific state laws may impose restrictions. The FTC Act may engage where the limitation of liability could be characterized as an unfair practice in consumer contracts. GOVERNANCE EXPOSURE: Medium. The exclusion of liability for data loss resulting from unauthorized access to servers is operationally significant for enterprise users who store sensitive business content on the platform. Organizations should assess whether Canva's data security commitments under its Privacy Policy or data processing agreements provide any contractual recourse beyond the standard limitation of liability. JURISDICTION FLAGS: EU and UK consumers retain statutory rights that may supersede contractual liability exclusions, particularly where damages result from Canva's negligence or breach of statutory duty. Australian consumers have non-excludable statutory guarantees under the Australian Consumer Law. California consumers may have additional protections under state law. CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers negotiating Canva contracts should seek to include negotiated liability caps and indemnification provisions that provide greater financial recourse than the standard limitation of liability clause. Procurement teams should assess whether the limitation of liability is consistent with organizational risk tolerance for a platform handling proprietary design assets. COMPLIANCE CONSIDERATIONS: Legal teams advising organizations that store sensitive or proprietary content on Canva should evaluate whether the limitation of liability clause is consistent with the organization's data protection and information security obligations under applicable law or contractual commitments to third parties.
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This provision limits the categories of damages users may recover from Canva in connection with Service failures, data breaches, or content-related losses, subject to applicable law. The clause is qualified by the phrase 'to the maximum extent permitted by applicable law,' which means consumer protection statutes in certain jurisdictions may limit how broadly this exclusion applies in practice.
Under this clause, users are generally unable to recover indirect, consequential, or punitive damages from Canva arising from Service unavailability, data loss, or security incidents, subject to limitations imposed by applicable law in the user's jurisdiction. EU and Australian consumer protection frameworks may restrict the enforceability of this exclusion for consumers.
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