What’s in Canva’s AI Terms of Use?
If I had to choose a single tech tool that I use in my business every single day, it’s Canva.
And I’ve done several deep dives on Canva’s terms over the years… but that was in a time before artificial intelligence was a regular part of our toolset as business owners.
So today, I’m going to give you the skinny on the legal terms that apply to Canva’s AI tools.
(And FYI, those tools include: Magic Studio, Magic Write, Magic Design AND tools like Magic Eraser and Background Remover.)
I’m Maria Spear Ollis, aka The Lunar Lawyer, and I’m going to shine some light on what you’re agreeing to when you use Canva’s AI tools.
Where to find Canva’s AI Product Terms
Throughout this post, I’m going to be referring to Canva’s AI Product Terms. This is only one portion of Canva’s legal terms.
What you can’t do with Canva’s AI tools
In the movie Knocked Up, (one of my personal faves), Seth Rogan’s character, Ben, is thumbing through What to Expect When You’re Expecting and says something like:
“This is basically just a giant list of things you can’t do.”
That’s kind of how I feel about Canva’s AI terms.
Here is part of the giant list of things you can’t do when using Canva’s AI tools:
Make anyone think the content was created by a human;
Create content that provides medical advice or any content regarding the treatment, prevention, diagnosis or transmission of diseases;
Create content that provides legal or financial advice;
Generate contracts or legally binding obligations;
Generate political content including for dissemination in electoral campaigns;
Generate source code;
Generate spam, ransomware, keyloggers, viruses or other software;
Generate nude or shocking content including obscene gestures, bodily fluids or other profane subjects; (“Bodily fluids”? Ew.)
Include any sensitive personal data (including data that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, health data or data concerning your sex life or sexual orientation) in any Input to AI Products. (Some of that is really shocking! In other words, we don’t really want to know anything about you, even if you don’t consider these things private.)
…Phew. That’s a lot!
Who owns the content you create with Canva’s AI Products?
This is actually, refreshingly, very clear in Canva’s AI Terms.
You own your input (prompts) and output “to the extent permitted by law.” (Ahem, this is because copyright ownership over AI-generated content is not protectable. So. Something to keep in mind.)
The Terms also say that Canva will not make any copyright ownership claim over your Input or Output.
Nice. 👍
Canva’s big disclaimers ⛳️
Canva’s disclaimers around the content it pops out via its AI tools are not at all surprising.
Canva has not verified the accuracy of any AI-generated content it kicks out to you. (So, you should do that.)
Canva does not accept any liability or responsibility arising in any way from your use of any AI-generated content you create (or co-create).
Finally, the biggest surprise inside of Canva’s AI Terms of Use
Are you ready for it?
Canva uses other companies’ technology to provide some of its AI tools. (That’s not the surprise.)
If you’re like, “Is it ChatGPT?” The answer is… yep.
BUT LOOK AT THIS DIRECT QUOTE:
By using the AI Products, you direct and consent to personal data you include in an input being transferred to third parties, including OpenAI, LLC...
Translation:
Your “input,” aka your prompts, are all transferred to OpenAI. (The owner of ChatGPT.)
So you can safely bet that your prompts are used to train ChatGPT.
I don’t know why this was so surprising to me. But there it is.
Psst… one more thing. If you’re interested, here are some very specific rules about sharing what you created with Canva’s AI tools
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Per Canva’s AI Product Terms, you can post your own prompts and content to social media, but you have to:
Manually review each Output before sharing or while streaming (this is probably because Canva doesn’t guarantee accuracy, which I’ll get to in a minute);
Attribute the content to your name or your company;
Clearly indicate that the content is AI-generated;
Refrain from sharing content that violates Canva’s terms, or that may offend others (kind of a wiiiide umbrella, depending on who the offendee is, but I digress).
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You attribute the published content to your name or company;
You clearly disclose the role of AI in formulating the content so no reader could possibly miss it (aka a clear and conspicuous disclaimer!)
Your content doesn’t violate Canva’s Acceptable Use Policy;
You refrain from sharing outputs that may offend others. (Again with the offending.)
“I want to establish rules for the things I’m creating and selling online in my own Terms of Use!”
Pshhhh. I got you. 😉 ⬇️
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