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The terms establish a class action waiver that applies regardless of whether the customer opts out of the arbitration clause, requiring all claims to be pursued on an individual basis only. Even customers who successfully opt out of arbitration remain bound by the prohibition on class, representative, or consolidated actions under the terms as written.
This analysis describes what Figma's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes that the class action waiver operates independently of the arbitration opt-out mechanism, meaning opting out of arbitration does not restore the ability to participate in class proceedings as the terms are written. This structural separation is operationally distinct from standard arbitration clauses where the class action waiver is typically coextensive with the arbitration agreement.
Interpretive note: The enforceability of a standalone class action waiver operative in court proceedings, independent of an arbitration clause, is subject to significant jurisdictional variance and has not been uniformly upheld by courts.
Under this clause, customers who opt out of arbitration are still bound by the individual claims requirement as the terms state, prohibiting participation in class, representative, or consolidated actions. The practical enforceability of this standalone class action waiver in court proceedings may depend on applicable jurisdiction and consumer protection law.
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"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AS A PLAINTIFF OR MEMBER IN ANY CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION.Excerpt from Figma's Terms of Service (Superseded URL)
(1) REGULATORY LANDSCAPE: The FTC and State AGs have authority over unfair or deceptive contract terms, including standalone class action waivers in consumer agreements. The enforceability of a class action waiver that survives arbitration opt-out in a court proceeding engages Federal Rule of Civil Procedure 23 and applicable state class action statutes. EU law under Directive 93/13/EEC may treat this provision as an unfair contract term for EU consumers. (2) GOVERNANCE EXPOSURE: High. A standalone class action waiver operative in court proceedings, separate from the arbitration clause, is an operationally distinct provision. Courts in some jurisdictions have found standalone class action waivers in consumer contracts unenforceable as a matter of public policy, creating uncertainty about whether this provision would be upheld as written. (3) JURISDICTION FLAGS: California courts have historically applied heightened scrutiny to class action waivers in consumer agreements. EU and UK users may have additional protections under applicable consumer law that could render this provision inapplicable. The provision's global application as drafted does not account for these jurisdictional variances. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise legal teams should assess whether this provision affects their ability to pursue aggregate claims in the event of a service failure or data incident affecting multiple accounts. The provision does not include an explicit carve-out for B2B or enterprise disputes. (5) COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether their organization's user population includes consumers under applicable state or national law, as this classification may affect enforceability of the standalone class action waiver. Monitoring of applicable court decisions regarding standalone class action waivers in software-as-a-service agreements is advisable.
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This provision establishes that the class action waiver operates independently of the arbitration opt-out mechanism, meaning opting out of arbitration does not restore the ability to participate in class proceedings as the terms are written. This structural separation is operationally distinct from standard arbitration clauses where the class action waiver is typically coextensive with the arbitration agreement.
Under this clause, customers who opt out of arbitration are still bound by the individual claims requirement as the terms state, prohibiting participation in class, representative, or consolidated actions. The practical enforceability of this standalone class action waiver in court proceedings may depend on applicable jurisdiction and consumer protection law.
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