1. Introduction
Flourish is an online service (the “Service”), made available via our channels and tools including but not limited to a website at flourish.studio (the “Site”), a Software Developer Kit (“Flourish SDK”), an API and a Canva app. The Service allows users (“Users”) to produce data visualizations and other content (“Projects”) based on digital templates (“Templates”) created with the Flourish SDK and uploaded to the Site by themselves or other Users.
The Service is operated by or on behalf of Canva UK Operations Ltd (“Flourish”, “we”, or “us”). We are a limited company, registered in England. Our registered company number is 08825531, and our registered office is at 33-35 Hoxton Square, London N1 6NN. Our VAT registration number is 182 0988 84. The company was previously known as Kiln Enterprises Ltd.
These terms and conditions (“Terms”) govern the relationship between Flourish and Users (referred to herein as “you”). It does not govern any relationship which may be formed between one User and another User. If a User wishes to engage another User to create a bespoke Template or Project, we recommend that a separate agreement is entered into in respect of that engagement. Flourish shall have no liability to any User in respect of such an agreement.
Your use of the Service is subject to these Terms and by using the Service you agree to be bound by them. You should print a copy of these Terms for future reference. Use of your personal information submitted to or via the Service is governed by our Privacy Policy found at flourish.studio/privacy and our Cookies Policy found at flourish.studio/cookies, and by using the Service you acknowledge and agree to these. These Terms shall take effect the first time you access the Service and shall continue in full force and effect until i) if you are a paid subscriber, the expiration or termination of your subscription; or ii) if you are using Flourish’s free offering, when your account is deleted or terminated.
We reserve the right to change these Terms from time to time by changing them on the Site. By continuing to use the Service after any revised Terms become effective, you agree to be bound by the new Terms.
2. Account types
There are three types of User account in Flourish:
“Free”. Users with Free accounts (“Free Users”), which are available free of charge, have access to the basic features of the Service, as set out on our Site. When a new User signs up, they will be a Free User unless their account was created by a company with the rights to create Business Users. A Free account can be upgraded (see “Change of account type” below).
“Personal”. Users with Personal accounts (“Personal Users”) have access to premium features, as set out on our Site. This type of account requires an ongoing paid subscription (see “Pricing and subscriptions” below). This plan is no longer available to new subscribers.
“Business”, also known as “Publisher” or “Enterprise” or “Corporate”. Users with Business accounts (“Business Users”) have access to additional premium features, as set out on our Site or provided in writing in a quotation from us. Business User accounts are controlled by a company or organization (“Company”). One or more Users from the Company have overall responsibility for other Users accounts associated with the company (“Company Admins”). This type of account requires an ongoing paid subscription (see “Pricing and subscriptions” below) and comes with a specified number of accounts (see “Seats”, below).
3. Creating an account
To use the Service or to upload a Template to it, you must first register to set up an account with us by completing the account registration form on the Site; by using the SDK command line interface; or by asking us to create an account on your behalf. You only need to register once.
To register, you must be at least 18 years of age and have the necessary authority, power and right to use any personal or confidential information you intend to include in your Projects or Templates. It is your responsibility to ensure you satisfy these criteria before choosing to register with us. By registering, you confirm to us that you meet these minimum eligibility criteria.
To register, you must provide us with an accurate and up-to-date email address. You are responsible for the information you provide to us. You must promptly update your account information online in the event of any changes to this information.
Registration is subject to approval by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason. If we approve your registration, you will receive a notification from us.
4. Username and password
Upon registration for an account with us, you will be asked to create a username and password. You must keep your password confidential at all times and use it only to access and use your account and not for any other purpose. You are the only authorized user of your account and, accordingly, you must not disclose your password to anyone else. You should contact us immediately upon discovering any unauthorized use of your account or error in the operation of your username and/or password (see Contacting us). Any breach of these terms and conditions and/or any use of your account by anyone using your password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.
5. Profile, Project and Template visibility
Anyone with view access to your Projects (e.g. you and any colleagues in the same Company account) will see your Projects or Templates listed on your profile page (“Profile”), along with your name, username and any additional information that you decided to add to your Profile. You can also optionally enable your Profile page to be publicly visible. If you do this, anyone on the internet will be able to view your published Projects and Profile information (but not any unpublished Projects).
6. Our Service
a. Creating and managing Templates
To create and upload Templates to the Service you will need to install the Flourish SDK (available via https://www.npmjs.com/package/@flourish/sdk) and register for an account as explained in the above section “Creating an account”.
Templates uploaded to the Service by Free or Personal Users will be publicly available to all Users. Templates uploaded by Business Users will be publicly available only if explicitly made public by You or a Company Admin. By uploading a Template that will be publicly available, you understand that you are granting Flourish the right to distribute the Template to all other Users of the Service and that subsequently all Users will have the right to create and publish content based on your Template, including after you delete the Template in accordance with these Terms. Flourish is not responsible for public sharing by Users of Projects or Templates. Enabling such sharing or performing actions to share them as per User instructions does not breach Flourish's obligations in these Terms.
We encourage Users to update and modify their Templates to fix bugs, etc. While we do not wish Users to delete Templates from the Service, we understand that you may wish to do so in certain circumstances. If you delete a Template, it will no longer appear on your Profile or in any lists of available Templates, but we reserve the right to keep it available to Users already making use of it.
b. Creating and managing Projects
As a User of the Service, you may create and publish Projects using any Templates you have access to. Projects are private unless published or explicitly made public by You or your Company Admin. You are fully responsible for your Projects and any Templates you create.
c. Publishing, downloading and embedding Projects
Users can optionally publish their Projects on the Site. This creates a new publicly accessible URL for the Project and embeds the Project in a publicly visible page. Published Projects can be embedded on other websites. We are not responsible for the content of these websites or for anything provided by you and do not imply any endorsement of or association with your operators or promoters.
Personal and Business Users can also download Projects to publish them on their own servers. Downloaded Projects can be embedded on other websites using the code provided as part of the download.
Except in the case of Business Users embedding Projects created by Users associated with the same Business account, when embedding a Project you must include the Flourish credit and link (“Credit”) that is inserted into the embedding page by the provided embed code. You must not remove or obscure the Credit, or restyle it to make it smaller or less visible.
If you are a Free User or a Personal User and you create any images, videos or gifs that include content created in Flourish, it is strictly required to credit Flourish accordingly. This must always include visible text (“Created with flourish.studio” or equivalent). In the case of the content being shared on any website or social media platform, the credit must also include a hyperlink to https://flourish.studio. For clarity, the foregoing credit requirement does not apply to Business Users.
d. Acceptable use
All Flourish Users must comply with this acceptable use clause. This clause places certain restrictions on the Templates and any other content you upload, the Projects you create, and how you use the Service.
Flourish does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin, we may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason.
You agree not to upload a Template or create a Project on the Service, or use the Service, directly or indirectly, in any manner that:
Promotes or creates a risk of physical or mental harm, emotional distress, death, disability, or disfigurement to yourself, any person, or animal;
Promotes or creates a risk of harm, loss, or damage to any property;
Seeks to harm or exploit children;
Is harassing, abusive, racially or ethnically offensive, defamatory, invasive of personal privacy or publicity rights, libelous, or threatening;
Discriminates, incites, or promotes discrimination against others based on race, religion, sex, sexual orientation, age, disability, ancestry, national origin, or any other basis;
Is sexually explicit or pornographic in nature or contains links to such material;
Involves the sale or promotion of illegal activities, products, or services;
Is fraudulent or promotes fraudulent activity;
Violates the rights of any individual or third party, including their intellectual property and data privacy rights;
Contains any information or content that you do not have a right to make available under any law or due to confidentiality, contractual, or fiduciary duties;
Contains any information or disinformation that is false, deceptive, or misleading or otherwise promotes, endorses, encourages, or facilitates the spread of false information;
Violates any applicable law or promotes activities that are illegal in nature; or
Threatens or undermines democratic processes or institutions.
Flourish reserves the right to determine whether content violates this clause at its sole discretion. This clause may be updated from time to time. For more information about how we moderate content, please see here.
e. Reporting and takedown policies
Flourish respects the rights of creatives. If you believe that your intellectual property rights have been infringed by Projects or Templates on the Service, please report by emailing us at DSA-illegal-content@flourish.studio. Please include the following information in your report:
Identification of the intellectual property right you believe has been infringed.
Identification of the Project or Template that you believe is infringing your rights, including a URL link to where that Project or Template appears on the Service.
Your contact information, such as your email address.
A statement that you have a good faith belief that use of the Project or Template in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law.
A declaration that the above information is accurate and that you are (or are authorized to act on behalf of) the intellectual property rights owner.
If you believe that any Template or Project made available on the Service contains a violation of the law, please report by emailing us at DSA-illegal-content@flourish.studio.
Nothing in this section constitutes legal advice. We suggest you consult an attorney regarding your rights and obligations under applicable laws.
f. Infringement claims
If you find out – from Flourish or somewhere else – that there is a claim relating to any Project or Template and Flourish might be liable, you have to stop using the Project or Template immediately, at your own expense. This applies whether the claim is threatened, potential or actual. You also have to immediately delete or remove the Project or Template from your premises, computer systems and storage (electronic or physical); ensure that your clients, printers or ISPs do likewise; and let Flourish know as soon as possible by emailing support@flourish.studio.
7. Pricing and subscriptions
a. Free plan
Once you have registered and set up an account with us, you may begin using our free plan. If you would like to upgrade to a paid plan, please get in touch.
b. Subscriptions
Use of a Personal or Business account requires an up-to-date subscription payment, as set out on the Site or provided in writing in a quotation from us. Payment for a subscription is due upfront, is non-refundable (subject to the Consumer Cancellation Rights, if applicable) and can be made by credit card via the Site (if available for the required account type) or by bank transfer on receipt of our invoice.
The subscription gives you access to the Personal or Business account for a period of a year unless specified otherwise (“Subscription Period”). At the end of this Subscription Period, your subscription will automatically renew (unless we are no longer offering the Service, in which case we will notify you) for an equivalent period (and continue to do so), unless you have already canceled your subscription.
If your subscription to a Service renews, charges for each renewal period (at the same level as the preceding subscription period, unless the charges have increased, in which case we will notify you within a reasonable time beforehand) will automatically be charged to your account, in advance, on the renewal date (or shortly before or after), unless you have already canceled your subscription.
If you do not wish your subscription to a Service to renew automatically at the end of the then-current subscription period you must notify us (see “Contacting us”), or alter the subscription renewal settings of your account through the Site, at least 7 days in advance of renewal for a Personal account or 30 days for a Business account (unless otherwise specified in writing between us and you an executed contract). If you do not do this or not in sufficient time, you will have authorized us to charge the applicable fees described above and you agree to pay such fees. It is your responsibility to notify us in advance of renewal. If you cancel your subscription you will not receive a refund or credit for any pre-paid fees and any outstanding fees will immediately become due and payable.
Since private data is now included on our Free plan, we have closed the Personal plan to new customers. Existing Personal customers can stay on the plan or cancel to move over to the new Free plan.
c. Consumer Cancellation Rights
For the purposes of this clause, a consumer, in accordance with the Consumer Contracts Regulations, means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. If you are a sole trader using the Services mainly for your trade, you will not have the consumer rights set out in these terms.
Where you are a consumer and have purchased a Personal Account subscription (where those were previously available to purchase online), you normally have the right to cancel a Contract within 14 days after the date you subscribe to the Personal Account subscription. However, you acknowledge that we provide the Personal Account Service immediately following acceptance of your purchase (which, by clicking on the [“Pay now”] button, you request us to do) and that you will have no right to change your mind and cancel under the Consumer Contracts Regulations once you have accessed your Personal Account. If you cancel before you access your Personal Account (and within the 14-day period), then the charge you pay us will be refunded.
d. Missed payments
All invoices will be due and payable within thirty (30) days of the invoice date. Except as otherwise provided for in these Terms, all fees are non-refundable. Any fees remaining unpaid for more than thirty (30) days past their due date shall accrue interest at a rate of the lesser of 1.5% percent per month or the highest rate allowed by law. Flourish may, at its discretion and in addition to other remedies it may have, suspend access to the Service if any invoice remains unpaid for more than thirty (30) days after its due date. If we are unable to collect payment – for example because of rejected card transactions or unpaid invoices, and your invoice remains unpaid for more than 30 days after its due date – the account or accounts in question may be made unavailable (“Frozen”) until the required payment is received. If your account is Frozen, published or downloaded Projects will continue to work, but you will no longer be able to edit them. Instead of making a new payment, Personal Users with a Frozen account will be given the alternative option of converting to a Free account.
8. Seats
Business accounts include a specified number of Users (“Seats”). An individual can use a Seat across multiple devices, but must not share their username or password with other people – even if they use it at different times. Seats are allocated to individuals on the creation of the accounts; they can be transferred between staff members by contacting us or by using any controls available to Company Admins on the Site. If you already have an account, a Company Admin may invite you to join their Business account.
Additional Seats can be purchased by a Company if required. Prices are available on request from us by email. When adding additional Seats for a Company, they will be charged pro-rata.
If you are a Business User, your Company Admin may manage access, delete or change ownership of the User Content, Projects and Templates you create on your account. Flourish is not responsible for any actions taken by Company Admins. Company is responsible for all activities conducted by its Business Users and for each Business User’s compliance with these terms.
9. Intellectual property
All intellectual property rights belonging to you that you upload to the Service (e.g. data, text, template code created by you) (“User Content”) remains your intellectual property. You grant Flourish a royalty-free and sublicensable license to display, host, copy, store and use (i) your User Content, only to the extent necessary to provide the Service to you; and (ii) any User Content you have included in a Project or Template shared with others, to the extent necessary to continue to make your Project or Template available. You will indemnify us and our affiliates (and each of our and our affiliates’ employees, officers, and directors) against any loss, damage or expense (including reasonable legal costs) which may be incurred or become liable as a result of any claim by a third party that the use or possession of any User Content, or anything you upload to the Service infringes the intellectual property rights or any other rights of any third party. This includes any fonts or other materials which you provide to us to upload on your behalf. You assign to us any suggestions, ideas, enhancement requests or other feedback you provide to us relating to the Service or our products.
All intellectual property rights in the Service (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. We also own the intellectual property rights for all Templates created by us, except for bespoke private Templates commissioned by and created for specific Users, which are subject to their own intellectual property terms. Except as expressly set out here, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by accessing the Site or using the Service.
We grant you a non-exclusive, non-transferable worldwide license to use the Service and its contents (including any Templates created by us and available on your account) for the duration of your subscription, or (if a Free User) whilst you have an active Flourish account. We grant you an irrevocable, non-exclusive license to publish downloaded Projects in unmodified form – even if you no longer have an active Flourish account. We reserve the right to edit, change or remove any Templates created by us from time to time for any reason.
Use of any Flourish Templates created by third parties (e.g. commissioned by you from an agency or contractor) are subject to whatever arrangements you agree with the Template creator.
10. Confidentiality
The terms for each Business account are confidential, and must not be disclosed outside the Company.
11. Access to the Service; restrictions on use
You are responsible for providing all necessary hardware, software, networking, and communication capabilities to access the Service. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of any application or website and its content.
You shall not yourself or through any third party
(i) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service to any third party (except as permitted under these Terms);
(ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof;
(iii) access the Service for purposes of performance benchmarking;
(iv) access the Service for purposes of building or marketing a competitive product;
(v) use the Service to store or transmit a virus or malicious code;
(vi) use a virtual private network (VPN) to circumvent geographic-based pricing or content access;
(vii) use the Service to transmit unsolicited emails or engage in spamming;
(viii) use any form of data mining, extraction, or scraping on the Service and/or the contents available therein for machine learning or other purposes; or
(ix) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or any content contained in it.
12. Security and data privacy
a. Information security
Flourish implements and maintains physical, technical and administrative security measures designed to protect your Projects and User Content from unauthorized access, destruction, use, modification or disclosure. You can learn more about how Flourish protects the Service and your information at our Security Page.
b. Data privacy
Flourish’s Privacy Policy describes how Flourish collects, uses, transfers, discloses and stores your personal data.
By creating and using a Flourish Business account, these Terms incorporate the Flourish Data Processing Addendum when Flourish processes Customer Personal Data subject to Applicable Privacy Laws (as defined in the Data Processing Addendum) on your behalf in connection with your use of the Service.
13. Service suspension, termination and account closure
We may, from time to time, with or without prior notice, temporarily suspend the operation of any Service and/or the Site (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.
We may, with or without prior notice, suspend and/or terminate any Service and/or your use of your account in the event that:
you have breached any of these Terms; or
you have missed a payment for your subscription; or
you become insolvent or make composition with your creditors or petition for your own bankruptcy or have a bankruptcy petition presented against you, or are subject to any event or proceedings which are equivalent or substantially similar under any applicable jurisdiction.
If you have breached these Terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:
issue of a warning to you;
immediate, temporary or permanent removal of any content submitted by you;
immediate, temporary or permanent withdrawal of your right to use any Service;
legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or
disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.
The responses described above are not limited, and we may take any other action we deem appropriate.
We may add, change or remove features or functionality of the Service, modify or introduce limitations to storage or other features, or discontinue the Service altogether at any time. If you are on a paid subscription and we discontinue the Service or any feature you are using during your subscription, we will provide you advance notice, work closely with you to transition to new features or functionality and if we are unable to do so, we will provide you a pro-rata refund of fees prepaid for the remaining period of your subscription.
You can close your account at any time via your account or by contacting us at hello@flourish.studio. Subject to the Consumer Cancellation Rights (above) if applicable, we do not give refunds for unused time. On closure of your account, your User Content, Projects and Profile information, plus any Templates created by you that are not being used by other Users, will be deleted. Templates created by you that are already being used by other Users may continue to be available to those Users. Unless your account was terminated by us due to a breach of these terms, you can download or export your User Content and Projects prior to termination. If your account has been terminated due to a breach of these terms, you may not create a new account on the Service unless you receive our written permission.
In the case of Frozen accounts, we will continue to store your Projects, Templates and Profile information for a minimum period of 2 (two) years after the account was Frozen. We reserve the right to close the account and delete your Projects, Templates and Profile information at the end of this period.
14. Change of account type
If you are a Free or Personal User and you wish to associate your existing account with an existing Company’s account in order to become a Business User, you will need to be invited by a Company Admin. If you accept the invitation, your Account will become a Business Account and from that point on will be controlled by the Company Admin, which will have the power to close it and manage your Projects, Templates and Profile information.
15. Our liability
Nothing in these terms and conditions shall limit or exclude our liability:
for death or personal injury caused by our negligence;
for fraudulent misrepresentation;
for breach of any term implied by the Consumer Rights Act 2015 or other consumer rights which, by law, may not be limited or excluded; or
for any other liability that, by law, may not be limited or excluded.
Subject to this, if you are a consumer and not a business customer, in no event shall we be liable to you or any other person or entity for any business losses, and if you are a business customer, in no event shall we be liable to you or any other person or entity for any special, exemplary, punitive, indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses. Any liability we do have for losses arising from any use of the Service shall not in respect of any 12-month period (calculated from the date of that Contract) exceed the greater of (i) the charges payable by you for the relevant Service in that 12-month period; and (ii) £500; and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your purchase is accepted by us.
We will not be liable or responsible for any failure to perform, or delay in performance of, any Service that is caused by events outside our reasonable control.
16. Your liability
You agree, to the extent permitted by law, to defend, indemnify and hold harmless Flourish and its affiliates, officers, directors, agents, licensors and employees from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) resulting from or related to (i) your violation of these Terms or (ii) your User Content, Projects or Templates.
17. Warranty disclaimer
The Service is provided on an “as-is” and “as-available” basis. To the maximum extent permitted by applicable law and subject to any non-excludable rights and remedies you may have under applicable law, we, our licensors, and our suppliers, expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that your use of the Service will be uninterrupted or error-free. We do not warrant that we will review your data for accuracy or that we will preserve or maintain your data without loss. You understand that use of the Service necessarily involves transmission of your data over networks that we do not own, operate, or control, and that we are not responsible for any of your data lost, altered, intercepted or stored across such networks. We will not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside our reasonable control.
18. General
You may not transfer or assign any or all of your rights or obligations under any of these Terms.
You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with your use of the Service.
All notices given by you to us must be given in writing to the address set out at the end of these Terms. We may give notice to you at either the email or postal address you provide to us when creating your account or placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.
Any provisions of these Terms which, by their nature, should survive termination or expiration will do so, including provisions regarding ownership, intellectual property, outstanding payment, warranty disclaimers, indemnity and limitations of liability.
These Terms may not be varied by you except with our express written consent.
Apart from any separate agreement entered into between us and a Company or Company Admin concerning the provision of Business accounts, these Terms, your order form and any documents expressly referred to in them represent the entire agreement between you and us in relation to the Service. These Terms supersede any prior representations, agreements, or understandings between you and us, whether written or oral, with respect to the Service including previous versions of the terms. We are required by law to advise you that contracts may be concluded in the English language only and that no public filing requirements apply.
These Terms shall be governed by English law, except that (if you are a consumer and not a business user) and if you live in a country of the European Union, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.
You agree that any claim, dispute or controversy between you and us regarding these Terms and/or your use of the Service will only be dealt with by the English courts, except that (if you are a consumer and not a business user) and if you live in a country of the European Union, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.
a. Export Restrictions
The Service is subject to trade sanctions and laws and regulations that govern the import, export, and use of the Service. These laws or regulations may prohibit usfrom providing you the Service or require that we discontinue making it available to you without notice. By using the Service you agree to comply with all trade sanctions, export and import laws, and regulations and warrant that (i) you are not prohibited from accessing the Service, and (ii) you will not make available the Service to anyone who is prohibited from accessing it under the laws or regulations of any jurisdiction.
19. Contacting us
Please submit any questions you have about these terms and conditions or an order you have placed or ordering in general, or any complaint or concern in relation to any Service by email to support@flourish.studio or write to us at: Flourish Team, Canva UK Operations Limited, 33-35 Hoxton Square, London N1 6NN
