If you are entering into this Agreement on behalf of an entity or organisation, you represent and warrant that you have the full authority as at the time of entering into this Agreement to bind that entity or organisation to this Agreement. You will provide evidence of such authority on request by Canva.
This Agreement commences on the date of the Agreement and continues for the Term unless terminated earlier in accordance with clauses 13 or 14.
You agree to comply with any technical documentation, usage guidelines and other documentation maintained at the Developer Site or otherwise made available to you (together, the “Developer Documentation“) and that your application does not infringe any third-party intellectual property or other rights.
You may only use the APIs to embed a link to the Canva Platform if third-parties who access that link (“Third Party Users“) will be notified of, or otherwise comply with the User Terms, and have authorised the Canva Platform to upload, publish and store any Content.
You acknowledge and agree the following:
that you will not use the API or API Key for any purpose other than outlined under this Agreement and any use of the API or API Key is in accordance with this Agreement and the Developer Documentation;you must keep your API Key confidential and you must not sell, share, transfer or sublicense your API Key; andthat the API and API Key are only valid for use in conjunction with a single platform and you will not be permitted to use the API and API Key across multiple platforms without the prior written consent of Canva.
If you provide Canva with personally identifiable information of Third Party Users, you warrant that you have obtained the relevant consents in respect of that information. You agree that Canva can use, store and share such information, and any Content submitted to the Canva Platform in accordance with our User Terms, including providing Third Party Users with direct marketing communications. Canva may also collect, use and store any data you provide us in respect of a Third Party User in accordance with our User Terms.
You acknowledge and agree that Canva owns or licenses all rights, title, and interests (including intellectual property rights) in the Canva Platform, the API and the API Key and nothing in this Agreement is intended to transfer ownership of or interest in any intellectual property rights of Canva or any third party.
Canva may immediately suspend your or your employee’s access to the API, if Canva believes, in its sole discretion, that you are in breach of any part of this Agreement or any applicable law. Canva may also suspend your access to the API if we are required to undertake repair or maintenance of any part of the API or the Canva Platform.
Documentation or other materials provided to Customer as part of this Agreement contain confidential, proprietary and trade secret information of Canva (“Confidential Information“) and Customer shall refrain from disclosing the Confidential Information to any third parties except with Canva’s express written consent.
You must ensure your application adopts industry leading security practices and you must promptly report any data breach to Canva in writing at [email protected].
You agree that, to the extent permitted by applicable law, the Canva Platform is provided on an ‘as is’ and ‘as available’ basis with no representation, warranty or guarantee of any kind, including in relation to the uptime and availability of the Canva Platform, the interoperability of the Canva Platform in combination with any other hardware, software or other platform or in relation to non-infringement, title, fitness for a particular purpose, functionality, availability or merchantability. Canva shall have no liability for delays, interruptions, service failures and other problems inherent in the use of the internet and electronic communications or other platforms outside the reasonable control of Canva.
Either party may terminate this Agreement with immediate effect by giving written notice to the other party at any time if the other party breaches any material provision of this Agreement which is incapable of being remedied, or where the breach is capable of being remedied, fails to remedy the breach within 30 days after receiving written notice from the terminating party requiring it to do so.
Canva may terminate this Agreement on 7 days’ written notice to you for any reason.
You must not assign or novate, directly or indirectly, any of its rights or obligations under this Agreement without the prior written consent of Canva (such consent not to be unreasonably withheld or delayed). Canva may assign or novate all of part of this Agreement on written notice to you.
You must not:
implement features or business practices, or use the API or Content in a way, that may harm the Canva Platform, or users of the Canva Platform, whether accessing the Canva Platform by any means, including via the Partner’s websites, applications, or platforms, or outside the Partner platforms, such as directly on canva.com or affiliate websites;disclose, distribute, allow access or provide the API or API Key to any person other than your employees or independent contractors and only for the purposes set out under this Agreementuse the API or Content for any illegal purposes, or in any manner which would violate this agreement, or breach any laws or regulations regarding consumer protection, privacy, data protection or Canva’s User Terms;send any data or store any data via the Canva Platform which, by its nature (e.g. viruses), size or reproduction (e.g. spamming), is intended to impair or endanger the existence or operation of the Canva Platform;make any electronic attacks of any kind on the Canva Platform, in particular, the use of computer programs to automatically read out data such as robots, spiders, etc. is prohibited;collect, store or use any personal information or data (including hashed or transformed data) or other Content from the Canva Platform, otherwise than as permitted in accordance with the Developer Documentation;copy or replicate, or directly or indirectly allow or cause a third party to copy or replicate, the whole or any part of the Canva Platform, the API or the API Key;offer Printing Services to any Third Party Users without the written consent of Canva;charge Third Party Users to access the Canva Platform without the written consent of Canva; orcopy the look and feel of the Canva Platform.
To the maximum extent permitted by applicable law, in no event shall Canva, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Canva Platform, API or API Key, including without limitation, Third Party User’s submission of Content. Under no circumstances will Canva be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the API, the API Key or the Canva Platform or the information contained therein.
To the maximum extent permitted by applicable law, Canva assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the API, the API Key or the Canva Platform; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the API, the API Key or the Canva Platform; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the API, the API Key or the Canva Platform by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the API, the API Key or the Canva Platform; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Canva, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Canva hereunder or $100.00, whichever is greater.
Canva reserves the right to update this Agreement from time to time on written notice by Canva. Canva will use its best endeavours to provide prior written notice to Customer upon any such update or amendment of this Agreement, including via email or notification on its website.