US users are required to resolve most disputes with Canva through binding individual arbitration administered by the American Arbitration Association, and waive the right to jury trial and participation in class action or representative proceedings, with limited exceptions for small claims court and intellectual property injunctive relief.
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 requires that disputes between US users and Canva proceed through individual arbitration rather than court litigation or class proceedings, which limits the procedural mechanisms available to users for resolving claims against Canva. The clause establishes the AAA Consumer Arbitration Rules as the governing procedural framework and permits users to opt out within 30 days of account creation or receipt of notice of a material change.
Interpretive note: Enforceability of the class action waiver may vary by jurisdiction and is subject to evolving state consumer protection law, particularly in California, which may limit enforcement in certain consumer contract contexts.
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 →Expanded from passive class action waiver to explicit mandatory binding arbitration requirement with ALL CAPS formatting; added carve-outs for small claims court and injunctive relief.
View full change record →Under this clause, US users are bound to individual arbitration for most disputes arising from use of the Service, and waive the right to participate in class action lawsuits. Users who do not submit a written opt-out notice within 30 days of account creation or of receiving notice of a material change to this provision are bound by the arbitration requirement.
How other platforms handle this
You and Teachable agree to resolve any disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You also agree that disputes will only be resolved on an individual basis and not as a class, consolidated, or representative action.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by ...
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 12.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
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"YOU AND CANVA AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF OR THE USE OF THE SERVICE (COLLECTIVELY, "DISPUTES") WILL BE SETTLED BY BINDING ARBITRATION, EXCEPT THAT EACH PARTY RETAINS THE RIGHT TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT AND THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF A PARTY'S COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND CANVA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.— Excerpt from Canva's Canva Terms of Use
REGULATORY LANDSCAPE: Mandatory arbitration clauses and class action waivers in consumer contracts are subject to scrutiny under the FTC Act, Section 5, and various state consumer protection statutes. The CFPB has previously issued rulemaking on arbitration agreements in consumer financial products, though enforcement posture may vary. California courts have in some cases declined to enforce class action waivers under California consumer protection law, creating jurisdictional variance in enforceability. The FTC is the primary federal enforcement authority. GOVERNANCE EXPOSURE: High. The combination of mandatory individual arbitration and a class action waiver limits users' ability to aggregate claims, which has material implications for dispute resolution outcomes, particularly for low-value claims where individual arbitration may not be economically viable for users. JURISDICTION FLAGS: This provision expressly applies to US users only. EU, UK, and Australian users are subject to the courts of the applicable governing law jurisdiction, and class action waivers of the type used here may be unenforceable under EU consumer protection directives or Australian Consumer Law. California residents may have additional protections under state law that limit the enforceability of class action waivers in certain consumer contract contexts. CONTRACT AND VENDOR IMPLICATIONS: B2B and enterprise customers contracting with Canva should assess whether their master service agreements or procurement terms supersede or interact with the standard Terms of Use arbitration clause, as commercial contracts may be governed by separate negotiated terms. Legal teams should confirm whether the AAA Consumer Arbitration Rules apply uniformly to enterprise accounts or whether separate commercial arbitration rules apply. COMPLIANCE CONSIDERATIONS: Legal teams advising US-based users or organizations should review the 30-day opt-out window and confirm whether a written opt-out notice has been or should be submitted. Organizations with policies prohibiting mandatory arbitration clauses in vendor contracts should flag this provision during vendor onboarding review.
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This provision requires that disputes between US users and Canva proceed through individual arbitration rather than court litigation or class proceedings, which limits the procedural mechanisms available to users for resolving claims against Canva. The clause establishes the AAA Consumer Arbitration Rules as the governing procedural framework and permits users to opt out within 30 days of account creation or …
Under this clause, US users are bound to individual arbitration for most disputes arising from use of the Service, and waive the right to participate in class action lawsuits. Users who do not submit a written opt-out notice within 30 days of account creation or of receiving notice of a material change to this provision are bound by the arbitration …
ConductAtlas has identified this type of provision across 131 platforms. See the full comparison.
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