1. Introduction
Flourish is an online 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, collectively referred to as the “Service”.
The Service allows subscribers and users (“you”, “your”, or “User”) to upload and/or produce content (including data visualizations, projects or templates) (“User Content”) 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”) and our Acceptable Use Policy apply when you interact with or use the Service in any way, including uploading a template. If you’re a Flourish Business Customer (identified in a Flourish Order Form for the Services), the Terms incorporate by reference the Flourish Master Services Agreement (the “MSA”), and, for the avoidance of doubt, in the event of a conflict between the MSA and the Terms, the MSA shall control. These Terms do 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.
These Terms apply to you and take effect the first time you, or a User you have authorized, accesses the Service and shall continue in full force and effect until: i) the expiration or termination of a subscription or agreement that permits access to the Service/s; or ii) when your account is deleted or terminated, whichever happens first (the “Duration”).
We reserve the right to change these Terms from time to time. If we do, we will notify you 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. Eligibility:
To use the Service, you need to:
be at least 13 years of age;
have the necessary authority, power and right to use any personal or confidential information you intend to include in your content;
register for an account with an accurate and up-to-date email address, and keep that registration information and account up to date. You must promptly update your account information online in the event of any changes;
if applicable, pay your subscription fees in accordance with the subscription terms (below) and/or otherwise continue to meet the relevant eligibility criteria for accessing specified plans;
comply with these Terms and associated policies including acceptable use.
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.
By registering, you confirm to us that you meet these minimum eligibility criteria.
3. Plans & Accounts
How we set up or manage your account will depend on which plan you’re on at any given time. You may change your plan by up or downgrading it to any available plan for which you are eligible (our Customer Support or Help pages will guide you through which plans are available and how to change). We may change account types and plans, including prices, features or eligibility criteria from time to time, in accordance with these Terms. In each case, provided you continue to meet the eligibility criteria, you’ll have access to the features of the Service described in your applicable plan for the Duration.
If you’re an individual on a plan that we named “Free”, you’ll be set up as a “Free User”, otherwise you’ll be set up as a “Business User”.
And if you’re on a plan that is no longer available to new users, we’ll maintain the account we set up for you as a “Legacy User”.
4. How to register
Free Users must register by:
completing the account registration form on the Site;
using your Google or Canva credentials; or
using the SDK command line interface.
Business users:
“Flourish Business Customers” (companies or organizations with a direct contract with Flourish) must appoint one or more people to manage and oversee all User accounts for their organization (“Company Admins”);
“Canva Business Customers” (individuals, companies or organizations with Canva Business account that includes the Flourish Service) authorize their Users to register using their Canva Business credentials. Each User manages their own account once access is enabled in the Canva Business Customer settings. By enabling Flourish access, Canva Business Customers authorize their Users to manage their individual accounts on the Customer’s behalf.
5. Username and password
Upon registration for an account with us, you may be asked to create a username and password. If so, 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 of use had been carried out by you, and will not relieve you of your obligations to us.
6. Profile, project and template visibility
Anyone with view access to your projects (e.g. you and any colleagues in the same Customer account) will see your content (including 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).
7. 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).
Templates uploaded to the Service will be publicly available to all Users unless your plan includes controls to prevent it. If so, your chosen settings will be applied. 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 your templates to fix bugs, etc. 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 otherwise made public by You or your Company Admin. You are fully responsible for any User Content you upload to the Service and for your projects and any templates you create.
c. Crediting Flourish when 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, which Flourish and other Users may adapt and use for any reason. If your plan includes controls for publication, your chosen settings will be applied. 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.
If your plan permits it, then you may also download projects to publish them on your own servers. Downloaded projects can be embedded on other websites using the code provided as part of the download.
Except in the case of Flourish Business Customers, 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.
Unless your plan states otherwise, or you’re a Flourish Business Customer, if 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.
d. Acceptable use
Your use of the Service, your User Content, your projects and your templates must comply with Flourish’s Acceptable Use Policy. If you fail to comply with any provision of Flourish’s Acceptable Use Policy or any other terms or guidelines Flourish makes available to you for use of the Service, Flourish may delete or otherwise restrict the violating User Content, projects and/or templates, or suspend or terminate your account with immediate effect. For more information on our content moderation processes and complaints procedures, 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 User Content 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.
8. Subscription terms
If you’re on a plan with a subscription fee, then payment for a subscription is due upfront and, non-refundable (subject to your statutory rights as applicable).
The subscription fee gives you access to the related plan for a specific period (“Subscription Period”). At the end of this Subscription Period, your subscription will automatically renew for an equivalent period (and continue to do so), unless we have notified you otherwise or you have already canceled your subscription.
Subscription fees for each renewal period 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. Fees will remain at the same level as the preceding Subscription Period unless we’ve notified you of an increase beforehand.
If you do not wish your subscription to renew automatically at the end of the then-current subscription period, it is your responsibility to notify us within the applicable notice period before your renewal date. 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 Legacy User account, or 30 days for a Business User account (unless otherwise specified in an executed contract between you and us). If you do not do this or not in sufficient time, you authorize us to charge the applicable subscription fees and you agree to pay such fees. 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.
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, you will no longer be able to edit them.
9. Seats
If your plan includes a specified number of Users (“Seats”), each Seat can be used across multiple devices, but Users must not share their username or password with other people – even if they use it at different times. Seats are allocated to individual Users on the creation of the accounts. Contact us for more information on how to manage or purchase additional Seats. 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. Customer is responsible for all activities conducted by its Business Users and Company Admins, and for each Business User or Company Admin’s compliance with these terms.
10. Intellectual property
All intellectual property rights belonging to you in User Content remain your intellectual property. You grant Flourish a non-exclusive, irrevocable, royalty-free, worldwide, and sublicensable right and license to display, host, copy, store and otherwise use your User Content (i) to provide the Service to you; and (ii) to the extent any User Content is included in a project or template shared with others in accordance with these Terms and any conditions of publication, for marketing and promotional purposes, and to the extent necessary, to continue to make your project or template available to other Users. By uploading User Content to the Service, you represent and warrant that you have all rights, licenses and permissions necessary for us to use the User Content for the purposes outlined in these Terms. 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 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.
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.
If Flourish processes Customer Personal Data (as defined in the Data Processing Addendum) on behalf of:
I. a Customer with a Business account for the Services;
II. a Canva Contracting Entity (as defined and identified in the Canva Terms of Use) if you’ve accessed the Services through Canva, or
III. another user, if your personal data has been uploaded to or used in the Service by that User in their professional capacity,
then these Terms also incorporate the Flourish Data Processing Addendum, 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 page 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, may be deleted, unless they’re already being used, in which case they may continue to be made 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. 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.
15. 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, including but not limited to our Acceptable Use Policy or (ii) your User Content, projects or templates.
16. 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.
17. 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. Nothing in these Terms shall affect or restrict your statutory rights.
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 Flourish Business Customer or Company Admin concerning the provision of the Service, 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 us from 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.
18. 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
