Effective Date: March 11, 2026

These Terms of Service (these “Terms”) are entered into between you (“Customer”) and Figma, Inc. (“Figma”), and govern access to and use of websites owned or operated by Figma (“Websites”), and Figma offerings provided under Starter and Professional plans (the “Figma Platform”) (Websites, the Figma Platform, and Figma’s published documentation found at https://help.figma.com/hc/en-us (the “Documentation”) are collectively referred to as the “Services”). If you are purchasing an Organization or Enterprise plan please refer to the Figma Software Services Agreement.

By indicating your acceptance of these Terms or by using the Services, you agree to be bound by these Terms. If you are accessing or using the Services on behalf of an entity (such as your employer), then you agree to these Terms on behalf of yourself and that entity, you represent that you are authorized to accept these Terms on behalf of that entity, and all references to “Customer” reference that entity. If you do not have the authority to bind such entity or do not agree with these Terms, you (and the entity) are not authorized to access or use the Figma Platform.

ARBITRATION NOTICE: UNLESS CUSTOMER OPTS OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE CUSTOMER FIRST AGREES TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION” SECTION BELOW, THESE TERMS WILL, WITH LIMITED EXCEPTION, REQUIRE CUSTOMER TO SUBMIT CLAIMS CUSTOMER HAS AGAINST FIGMA TO BINDING AND FINAL ARBITRATION SOLELY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF A CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION.

BY ENTERING INTO THESE TERMS, CUSTOMER AND FIGMA ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY.

1. Figma Obligations

1.1. Access to the Services. Subject to the terms and conditions of these Terms, Figma hereby grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right for Customer (and, where applicable, Authorized Users) to access and use the Services for Customer’s internal business or personal purposes, depending on Customer’s account type. If Customer has a free account, Customer may use the Services for business or personal purposes, but paid accounts are for business use only. “Authorized User” means employees, contractors, and other persons associated with Customer who access or use the Figma Platform through your account.

1.2. Data Protection. Figma implements and maintains physical, technical, and administrative security measures designed to protect the applications and materials that Customer (or Customer’s Authorized Users) develop on or upload to the Services (“Customer Content”) from unauthorized access, use, or disclosure. The data processing addendum available at www.figma.com/dpa is incorporated into these Terms. Any categories of personal data or processing operations that are not set out in Figma’s Data Processing Addendum will be processed and protected by Figma in accordance with Figma’s Privacy Policy found at www.figma.com/privacy.

1.3. Non-Figma Resources. Applications and materials that are developed or provided by a party other than Figma, including design files, plugins, component libraries, services, products, platforms, integrations, and code components (collectively, “Non-Figma Resources”) are not part of the Services. Applications and materials with the Services developed by Figma are part of the Services, and those that are shared on Figma Community are also subject to the Product-Specific Terms applicable to Figma Community.

2. Service Terms

2.1. Who may use the Services. Customer may only use the Services if Customer is of legal age to enter into these Terms according to the applicable laws and regulations in Customer’s jurisdiction (and, in the case of Figma AI, only if 18 years old or older).

2.2. Use Restrictions. Except as otherwise expressly authorized in these Terms, Customer will not, and will not encourage or assist third parties to: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Services (except to the extent that such a restriction is impermissible under applicable law); (ii) provide, sell, resell, transfer, sublicense, lend, distribute, rent, or otherwise allow others to access or use the Services; (iii) copy, modify, create derivative works of, or remove proprietary notices from the Services; or (iv) use the Services in jurisdictions that are embargoed or designated as supporting terrorist activities by the United States Government or whose laws do not permit engaging in business with Figma or use of the Services.

2.3. Acceptable Use Policy. Customer will comply with Figma’s Acceptable Use Policy available at www.figma.com/aup.

2.4. Account Management.

(a) As part of the registration process, Customer will appoint one or more administrative users for Customer’s Figma account. Each administrative user has the capacity, and Customer hereby confirms they have the authority, to manage Customer’s Figma account, add or remove users, approve purchases, and take binding action relating to the Services and these Terms on Customer’s behalf.

(b) Each Authorized User’s account is personal to the Authorized User to which it is issued. Account credentials may not be shared or used by anyone other than the individual to whom they were provisioned. Customer will ensure Customer’s Authorized Users comply with these Terms. Customer is responsible for all activities of Customer’s Authorized Users, and any failure on the part of Customer’s Authorized Users to comply with these Terms.

(c) Customer will provide accurate and complete account information (including the list of domains and/or Figma accounts Customer owns or controls for purposes of domain capture or migrations) and maintain the accuracy and completeness of such information. Customer will maintain control over Customer’s Authorized Users’ accounts, including the confidentiality of usernames and passwords. Figma supports login using two-factor authentication (“2FA”), which is known to reduce the risk of unauthorized use of or access to the Figma Platform. Figma will not be responsible for any damages, losses, or liability to Customer, Authorized Users, or anyone else if any event leading to such damages, losses, or liability would have been prevented by the use of 2FA.

2.5. Customer Content. Customer authorizes Figma and its service providers to use Customer Content for the sole purpose of providing the Services and performing activities contemplated by these Terms (such as maintaining, securing, debugging, and otherwise performing quality control for the Services). Also, the Figma AI terms (available at figma.com/legal/ai-terms) explain certain AI-related settings that apply to Customer Content, and how to control those settings.

2.6. Feedback. Customer may voluntarily provide Figma feedback, comments, or suggestions concerning the Services (collectively, “Feedback”). To the extent Customer provides Feedback, Customer hereby grants Figma the right to use such Feedback to maintain, improve, and enhance Figma’s products and services.

2.7. Usage Data. Figma will have the right to collect and analyze data and other information relating to the access, use, and performance of the Services (“Usage Data”) and Figma will be free (during and after the Term) to use Usage Data in de-identified and aggregated form to maintain, improve, and enhance Figma’s products and services. Examples of Usage Data include technical logs, metadata, telemetry data, and usage information about Customer Content, such as how many times it is accessed. For clarity, Usage Data excludes Customer Content itself.

2.8. Reservation of Rights. As between Customer and Figma, Customer retains all right, title, and interest in Customer Content, and Figma owns all right, title, and interest in the Services. Except as expressly set forth in these Terms, each party retains all right, title, and interest in and to its intellectual property rights. All rights not expressly granted are reserved, and no license, covenant, immunity, transfer, authorization, or other right will be implied, by reason of statute, estoppel, or otherwise, under these Terms.

3. Billing

3.1. Fees.

a. The Figma Platform is offered under different pricing plans, the limits and features of which are available at www.figma.com/pricing, and further governed by https://www.figma.com/pricing-faq/. If Customer is subscribing to a Figma Professional plan, Customer can sign up for either a monthly or annual subscription. Customer’s seat subscription will automatically renew on a monthly or annual basis as applicable, at the then-current rate and seat quantity in Customer’s account on Customer’s renewal date. Each individual monthly or annual subscription period is referred to as a “subscription term.” Subscription fees for the applicable subscription term will be due and payable in advance in full, unless stated otherwise at the time of purchase. Seats that Customer adds or upgrades mid-subscription term on a Figma Professional Plan will default to monthly at the monthly price, but can be changed to annual. These seats will be charged starting the date of approval, prorated at a daily rate until the end of Customer’s subscription term, and added to Customer’s next invoice.

b. Figma offers two different options that allow Customer to purchase Figma AI credits (“Credits”) to supplement Credits included with a seat (“Seat Credits”). Customer may purchase a monthly AI Credits subscription (“AI Credits Subscription”), which allows Customer to prepay for a set number of Figma AI Credits (“Credits”). The AI Credits Subscription will automatically renew monthly regardless of whether Customer is on an annual or monthly Professional plan. If Customer purchases or upgrades an AI Credits Subscription mid-month, the fees will be prorated to the end of the subscription month, and added to Customer’s next invoice. Figma also offers Pay-As-You-Go billing (“PAYG”) which allows Customer to pay for additional Credits as they are consumed. Under PAYG, charges are billed to Customer’s existing payment method monthly in arrears. More details and additional terms for AI Credits are outlined in the Figma AI Terms here.

3.2. Renewals. CUSTOMER’S SUBSCRIPTIONS WILL AUTOMATICALLY RENEW ON A MONTHLY OR ANNUAL BASIS AS APPLICABLE, AT THE THEN-CURRENT RATE AND, FOR SUBSCRIPTIONS BASED ON SEAT QUANTITY, THE SEAT QUANTITY IN YOUR ACCOUNT ON YOUR RENEWAL DATE, UNLESS YOU CANCEL IT.

3.3. Cancellation. Customer may elect not to renew a subscription by giving notice of cancellation to Figma before the end of the current subscription term. Customer can give notice of cancellation through Customer’s Figma account settings within the Services. Please note that any cancellation will take effect at the end of the then-current subscription term.

3.4. Authorization for Automatically Recurring Payments. When Customer purchases a subscription to the Figma Platform, Customer expressly authorizes Figma (via Figma’s third-party payment processor) to charge the payment method Customer provides to Figma for the initial payment, subscription renewals, and any other purchases Customer makes within the Figma Platform (such as seat additions/upgrades or Credits). Customer represents and warrants that Customer has the legal right to use the payment method Customer provides to Figma. Customer is solely responsible for any bank fees, interest charges, finance charges, overdraft charges, and any other fees Customer incurs as a result of the charges billed by Figma. In the event that Customer fails to pay the full amount owed, Figma may terminate or suspend Customer’s access to the Services, in addition to any other rights or remedies Figma may have. Figma may periodically authorize Customer’s payment method in anticipation of applicable fees or related charges.

3.5. Billing Credits & Refunds. Unless otherwise specified in these Terms, fees paid are non-refundable and quantities purchased cannot be decreased during the relevant subscription term. Any billing-related credits provided by Figma expire after 1 year, unless otherwise specified by Figma at the time of issuance.

3.6. Changes to Pricing. Figma reserves the right to change its fees at any time. Changes to pricing that apply to an existing recurring subscription will take effect at the next order or renewal unless either party elects to not renew or Figma specifies otherwise. If Figma specifies that modifications will become effective during a then-current subscription term and Customer objects, Customer may terminate the remainder of the then-current subscription term for the affected Figma offering as its exclusive remedy. To exercise this right, Customer must notify Figma of its termination under this Section 3.6 within 30 days of the modification notice, and Figma will refund any pre-paid fees for the terminated unused portion of the applicable subscription term. Notice of pricing changes may be provided via email or through the Figma Platform.

3.7. Taxes. Fees do not include taxes. Each party is responsible for the payment of all taxes (including any interest and penalties) in connection with these Terms that are imposed on that party by law. For Customer, such taxes may include sales/use, gross receipts, value-added, GST, personal property, excise, consumption, and other similar taxes or duties. Each party will be responsible for its own income taxes, employment taxes, and real property taxes.

3.8. Withholding. All payments made by Customer to Figma under these Terms will exclude any deduction or withholding. If any such deduction or withholding (including cross-border withholding taxes) is required by law, Customer will pay such additional amounts as are necessary so that the net amount received by Figma after such deduction or withholding will be equal to the full amount that Figma would have received if no deduction or withholding had been required. Each party will use commercially reasonable efforts to work with the other party to help obtain, reduce, or eliminate any necessary withholding, deduction, or royalty tax exemptions where applicable.

4. Confidentiality.

4.1. Confidential Information. Figma (the “Discloser”) has disclosed or may disclose proprietary or non-public business, technical, financial, or other information (“Confidential Information”) to Customer (the “Recipient”). Our Confidential Information expressly includes non-public information regarding features, functionality, and performance of the Services, including security related information.

4.2. Obligations. The Recipient will use the Discloser’s Confidential Information only for the purpose of evaluating whether or not to use (or continue to use) the Services. The Recipient will not disclose the Discloser’s Confidential Information to parties other than the Recipient’s employees, contractors, affiliates, agents, or professional advisors (“Representatives”) who need to know it and who have a legal obligation to keep it confidential. The Recipient will ensure that its Representatives are subject to no less restrictive confidentiality obligations than those herein. Notwithstanding the foregoing, the Recipient may disclose the Discloser’s Confidential Information: (a) if directed by Discloser; or (b) to the extent required by applicable legal process, provided that the Recipient uses commercially reasonable efforts to (i) promptly notify the Discloser in advance, to the extent permitted by law, and (ii) comply with the Discloser’s reasonable requests regarding its efforts to oppose the disclosure.

5. Warranties and Disclaimers.

5.1. Mutual Warranties. Each party represents and warrants to the other that: (a) the performance of these Terms by the executing party does not violate the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound or require authorization or approval from any third party; and (b) it will perform its rights and obligations under these Terms in accordance with applicable law.

5.2. Figma Warranties. Figma represents and warrants to Customer during the applicable subscription term that: (a) Figma will provide access to the Figma Platform and any applicable support services in substantive conformity with the Documentation; and (b) Figma will employ applicable industry standard measures to protect the Figma Platform, in the form provided to Customer by Figma, against software viruses, Trojan horses, worms, or other similar malicious programs or code.

5.3. Disclaimer. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS SECTION 5, THE PARTIES MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER RELATING TO THIS AGREEMENT. FIGMA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. NON-FIGMA RESOURCES ARE PROVIDED BY THIRD PARTIES, NOT FIGMA, AND ANY USE OF NON-FIGMA RESOURCES IS SOLELY BETWEEN CUSTOMER AND THE APPLICABLE THIRD PARTY PROVIDER. FIGMA DOES NOT WARRANT OR SUPPORT, AND WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY OF ANY KIND FOR, NON-FIGMA RESOURCES.

6. Indemnity.

6.1 Customer will indemnify, hold harmless, and, at Figma’s option, defend, Figma from any third party claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal fees, arising out of or related to (a) Customer Content; or (b) Customer’s violation of these Terms.

7. Limitations of Liability.

7.1. LIMITATION OF INDIRECT LIABILITY. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR ANY OTHER THEORY OF LIABILITY), WILL FIGMA, ITS AFFILIATES AND ITS OR THEIR CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS (COLLECTIVELY, ITS “PARTY REPRESENTATIVES”), BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR THE INABILITY TO USE THE SERVICES, EVEN IF FIGMA OR ITS PARTY REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2. LIMITATION ON AMOUNT OF LIABILITY. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY OR ANY OTHER THEORY OF LIABILITY), WILL THE TOTAL LIABILITY OF FIGMA, ITS AFFILIATES, AND ITS OR THEIR PARTY REPRESENTATIVES FOR ANY AND ALL DAMAGES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR THE INABILITY TO USE THE SERVICES, EXCEED, THE GREATER OF: (a) $100; OR (b) THE SUBSCRIPTION FEES PAID BY CUSTOMER TO FIGMA IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

7.3. IN GENERAL. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS RELATING TO THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY FIGMA AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 7 WILL APPLY TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT.

8. Term and Termination.

8.1. Term. These Terms will take effect the first time you access the Services and will continue in full force and effect until: (a) if Customer is a paid subscriber to the Figma Platform, the termination, discontinuation, or cancellation of Customer’s subscription; or (b) if Customer is using a free Figma Platform offering, when Customer’s account is deleted or terminated. For Services visitors who do not have an account with Figma, these Terms apply to any period of time you are accessing or using the applicable Services.

8.2. Termination.

(a) Figma may terminate Customer’s access to and use of the Services, at Figma’s sole discretion, at any time and without notice or liability to Customer, but if Figma cancels Customer’s subscription and the termination is not due to Customer’s breach of these Terms, Figma will provide to Customer a pro rata refund of pre-paid unused fees unless, in our reasonable discretion, Figma is not legally permitted to do so (in which case any refund rights are null and void).

(b) Upon any termination, discontinuation, or cancellation of Services or your Figma account, the following provisions of these Terms will survive: Service Terms, Billing (to the extent you owe any fees at the time of termination, discontinuation, or cancellation, including fees incurred prior to termination that haven’t been billed yet); Confidentiality; provisions related to Usage Data, Customer Content, and Feedback; Warranties and Disclaimers; Indemnity; Limitations of Liability; Termination; and the Miscellaneous provisions under Section 9. Upon any termination, to the extent permitted by applicable law, Figma will make all Customer Content then held by Figma available to you for electronic retrieval for a period of 30 days, but thereafter Figma may delete any stored Customer Content. Notwithstanding the foregoing, upon termination of this Agreement for breach of Section 9.12 (Export Control), you lose all right, title, and interest to Customer Content, and Figma may immediately quarantine, delete, or remove Customer Content, and immediately suspend your use of and access to the Figma Platform.

9. Miscellaneous.

9.1. Changes to these Terms. Figma may modify these Terms (and any policies or agreements referenced in these Terms) at any time. Figma will post the most current version of these Terms on www.figma.com. Figma will endeavor to provide Customer with reasonable advance notice of any change to the Terms that, in our sole determination, materially affects Customer’s rights or Customer’s use of the Services. Figma may provide Customer this notice through the Figma Platform, on Figma’s website, and/or by email to the email address associated with Customer’s account. By continuing to use the Services after any revised Terms become effective, Customer agrees to be bound by the new Terms.

9.2. Changes to the Services. Figma may, in its sole discretion, add, change, or remove features or functionality of the Services; modify or introduce limitations to storage or other features; or discontinue the Services altogether at any time without notice. If Customer is on a paid subscription and Figma discontinues the Services Customer is using during Customer’s subscription, Figma will (a) migrate or make available to Customer a substantially similar service provided by Figma (if commercially reasonable for Figma to do so), or (b) if not, then Figma will provide Customer a pro-rata refund of fees prepaid for the remaining period of Customer’s subscription.

9.3. Product-Specific Terms. Certain Figma offerings are subject to Product-Specific Terms (such as downloadable applications, optional beta features, free trials, APIs, Figma’s artificial intelligence features, including available AI-related settings that apply to Customer Content and billing terms for AI Credits). Product-Specific Terms are hereby incorporated into these Terms by reference as if set forth herein and apply if Customer (including any Authorized User) elect to use such offerings. “Product-Specific Terms” mean the terms and conditions available at www.figma.com/product-specific-terms/.

9.4. Force Majeure. Figma will not be liable for, or be considered to be in breach of or default under these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond its reasonable control, so long as it uses commercially reasonable efforts to avoid or remove those causes of non-performance. If Figma believes, in good faith, that it is legally prohibited from providing Customer or Customer’s Authorized Users with the Services, Figma may freeze Customer’s account and/or cancel Customer’s subscription at Figma’s sole discretion.

9.5. Notices. Any notices or other communications provided by Figma under these Terms, including those regarding modifications to these Terms, will be given by Figma through the Figma Platform, on Figma’s website, and/or by email to the email address associated with Customer’s account.

9.6. Severability. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms and it is the intent and agreement of the parties that these Terms will be deemed amended by modifying such provision to the extent necessary to render it valid, legal, and enforceable while preserving its intent or, if such modification is not possible, by substituting another provision that is legal and enforceable and that achieves the same objective.

9.7. Assignment. These Terms (and your access to any of the Services) are not assignable or transferable by Customer without Figma’s prior written consent. Any purported assignment in violation of this section is null and void.

9.8. Service Providers. For the avoidance of doubt, Figma may engage third party service providers to support its performance of these Terms (including the subprocessors listed at https://www.figma.com/sub-processors/). Nevertheless, Figma will remain responsible for compliance with this Agreement.

9.9. No Partnership. No agency, partnership, joint venture, or employment is created as a result of these Terms, and neither party has any authority of any kind to bind the other party in any respect whatsoever.

9.10. Governing Law. These Terms and all claims arising out of or relating to the Terms will be governed by the laws of the State of California without regard to its conflict of laws provisions, except that the Federal Arbitration Act governs provisions relating to arbitration. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

9.11. Dispute Resolution

Customer and Figma both agree to resolve disputes arising out of or relating to these Terms, Customer’s use or contemplated use of the Services, or any aspect of Customer’s relationship or transactions with Figma (each, a “Claim”) in binding arbitration instead of court, except that either party may bring suit in court to enjoin the infringement or other misuse of intellectual property rights. For purposes of Section 9.11, a Claim includes disputes arising before the effective date of these Terms. The arbitrator will have the exclusive authority to resolve all threshold arbitrability issues, including whether these Terms are applicable, unconscionable, or enforceable, as well as any defense to arbitration

What is arbitration?

Arbitration does not involve a judge or jury. Instead, a neutral person (the “arbitrator”) hears each party’s side of the dispute and makes a decision that is finally binding on both parties. The arbitrator can award the same relief as a court could, including monetary damages. While court review of an arbitration award is limited, if a party fails to comply with the arbitrator’s decision, then the other party can have the arbitration decision enforced by a court.

Can a Claim be part of a class action or similar proceeding?

NO. CUSTOMER AGREES TO RESOLVE CUSTOMER’S CLAIMS WITH FIGMA SOLELY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF A CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION. FIGMA AGREES TO DO THE SAME, WHETHER OR NOT CUSTOMER OPTS OUT OF ARBITRATION. ACCORDINGLY, UNLESS CUSTOMER OPTS OUT OF ARBITRATION, CUSTOMER AND FIGMA BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR MEMBER IN ANY CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION.

How do I start an arbitration proceeding?

We want to address Claims without arbitrating, if possible. Before initiating arbitration, Customer and Figma agree to first notify one another of a Claim in writing at least 60 days before a demand can be filed in arbitration. If Customer has a Claim against Figma, Customer agrees to send an individualized letter containing: (a) Customer’s name, mailing address, and email address; (b) the name, mailing address, and email address of Customer’s counsel, if any; (c) a description of the Claim; and (d) Customer’s signature (“Pre-Arbitration Letter”) to legal@figma.com, 760 Market St, Floor 10, San Francisco, CA 94102. If Figma requests arbitration against Customer then Figma will give Customer notice at the email address or street address Customer provided. A Pre-Arbitration Letter sent on behalf of multiple individuals is invalid as to all. If the Claim is not resolved within 60 days from either Customer’s or Figma’s receipt of the Pre-Arbitration Letter, a formal arbitration can be brought.

What rules apply in the arbitration?

The arbitration will be conducted by National Arbitration and Mediation (“NAM”) under its operative Comprehensive Dispute Resolution Rules and Procedures, available at https://www.namadr.com/resources/rules-fees-forms. Fees and costs will be allocated in accordance with the applicable NAM rules, unless the arbitrator finds a Claim frivolous, in which case the party bringing the Claim is responsible for reimbursing the other party for its administrative, hearing, and/or other fees incurred as a result of the frivolous Claim. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider.

The arbitration may be conducted in writing, remotely (e.g., by videoconference), in San Francisco, California, United States, or at some other location that Customer and Figma both agree to.

INSTRUCTIONS FOR OPTING-OUT OF ARBITRATION

If Customer doesn’t want to agree to arbitrate Customer’s Claims as explained above, then Customer can opt-out of this arbitration agreement by notifying Figma of Customer’s decision in writing at arbitration-opt-out@figma.com, 760 Market St, Floor 10, San Francisco, CA 94102. Customer’s notice must include Customer’s name, mailing address, email address, and an unequivocal statement that Customer is opting out of this arbitration agreement. An opt-out notice that purports to opt out multiple parties will be invalid as to all such parties. No individual (or their agent or representative) may effectuate an opt out on behalf of another party. Customer must opt-out within 30 days of the date you first agree to these Terms or any updated Terms.

DISPUTE RESOLUTION IN THE ABSENCE OF ARBITRATION

The sole jurisdiction and venue for any Claims that are not handled by arbitration will be the state and U.S. federal courts located in San Francisco, California, and both parties consent to the jurisdiction of such courts.

9.12. Export Control. The Figma Platform and Customer’s use thereof is subject to export control and economic sanctions laws and regulations (collectively, “Export Controls”), including the U.S. Export Administration Regulations, the laws, statutes, regulations, rules, and executive orders administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury (“OFAC”). Figma and Customer each represents that it is not on (or owned or controlled by any person identified on) the OFAC Specially Designated Nationals and Blocked Persons List or any other list of prohibited or restricted parties promulgated under Export Controls. Customer must comply with all applicable Export Controls in Customer’s access to and use of the Figma Platform and Customer Content. Customer will not access or use the Figma Platform, export, re-export, distribute, assign, or otherwise engage in any transaction relating to the Figma Platform or any Customer Content in violation of Export Controls. For the avoidance of doubt, Figma may take measures required by law or governmental authority to comply with its obligations under Export Controls and OFAC (such as suspending access to the Figma Platform, terminating this Agreement, or blocking the relevant Customer Content).

9.13. Anti-Corruption. Neither party has received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from an employee or agent of the other party in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction.

9.14. Government Use. This Section 9.14 only applies if Customer is a government or public sector entity. Customer represents and warrants to Figma that Customer is entering into these Terms in compliance with any applicable public procurement laws and regulations. If Customer is a U.S. government or U.S. public sector entity (or use of the Figma Platform is for the U.S. government), the Figma Platform and Documentation are “commercial products” (as defined at 48 C.F.R. §2.101), consisting of “commercial computer software” and “commercial computer software documentation” (as used in 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable). In accordance with 48 C.F.R. §12.212 and 48 C.F.R. §227.7202-1, as applicable, the rights of the U.S. Government to use, modify, reproduce, release, perform, display, or disclose commercial computer software and commercial computer software documentation associated with the Figma Platform will be as provided in these Terms. If a U.S. Government agency or end user has a need for rights not conveyed under these Terms, it must negotiate with Figma to determine if there are acceptable terms for transferring such rights, and a mutually acceptable addendum to these Terms will be required in any applicable contract or agreement. The sections in this Agreement titled “Governing Law and Dispute Resolution,” “Indemnification by Customer,” any auto-renewal terms, and any other terms inconsistent with applicable law are hereby waived to the extent necessary to conform to applicable law.

9.15. Patent Assertion Entities. If Customer a Patent Assertion Entity or are acting on behalf of, or for the benefit of a Patent Assertion Entity, Customer will not assert, or authorize, assist, encourage, or enable any third party to assert, any claim, or pursue any actions, suits, proceedings, or demands, against Figma or its affiliates that allege that the Services infringe, misappropriate, or otherwise violate any intellectual property rights (including patents). A “Patent Assertion Entity,” sometimes referred to as a ‘non-practicing entity,’ is (a) any entity that derives or seeks to derive a significant portion of its revenue from the offensive assertion of patent rights, or (b) directly or indirectly controls, is controlled by, or is under common control with an entity described in (a).

9.16. Trademark Guidelines. Figma’s Trademark Guidelines apply to any use of words, logos, graphics, designs, and other indicators that identify Figma as the source of a product or service (“Figma’s Marks”). Customer may use the Figma Marks only as set forth in Figma’s Trademark Guidelines available at https://www.figma.com/using-the-figma-brand/.

9.17. Interpretation. Whenever the words “including,” “include,” “includes” or "such as" are used in these Terms, they will be deemed to be followed by the phrase “without limitation.”

9.18. Entire Agreement. These Terms supersede all other agreements between the parties relating to its subject matter. In the event of any conflict among any online orders, any Product-Specific Terms, and these Terms, the order of precedence will be: (a) the Product-Specific Terms; (b) these Terms; and (c) the orders (from newest to oldest) unless such order expressly overrides the foregoing terms. The parties agree that any terms and conditions stated in a customer purchase order or other customer ordering documentation (including any vendor management portal) are void.

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