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The agreement requires customers to indemnify and hold Figma harmless from third-party claims and associated costs, including legal fees, arising from Customer Content or the customer's violation of these Terms. Figma holds the option to require the customer to defend Figma directly in such proceedings.
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 places full indemnification responsibility on the customer for third-party claims connected to Customer Content or Terms violations. The breadth of Customer Content (all applications and materials developed on or uploaded to the Services) means the indemnification obligation covers a wide range of content-related disputes, including potential intellectual property claims by third parties related to content uploaded by the customer or its Authorized Users.
Under this clause, customers are responsible for indemnifying Figma against third-party claims arising from content they upload or develop on the platform, as well as any violations of the Terms by the customer or its Authorized Users. The agreement states that customers are responsible for all activities of Authorized Users.
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"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or related to (a) Customer Content; or (b) Customer's violation of these Terms.Excerpt from Figma's Terms of Service (Superseded URL)
(1) REGULATORY LANDSCAPE: Indemnification clauses in SaaS agreements are primarily governed by contract law. Where the customer is a consumer rather than a business, applicable consumer protection law in certain jurisdictions (including EU member states under Directive 93/13/EEC) may limit the enforceability of broad indemnification obligations. The FTC and State AGs have authority over contract terms that impose disproportionate obligations on consumers. (2) GOVERNANCE EXPOSURE: Medium. The indemnification obligation extends to all Authorized Users, meaning enterprise customers bear indemnification liability for content uploaded or Terms violations committed by employees or contractors with access to the account. This requires enterprise customers to maintain robust internal acceptable use policies. (3) JURISDICTION FLAGS: EU consumers may have protections against disproportionate indemnification obligations under Directive 93/13/EEC. B2B customers should assess whether their standard vendor agreements include reciprocal indemnification obligations from Figma, which are not present in these Terms as written. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise legal teams should assess whether the one-directional indemnification (customer indemnifies Figma, no reciprocal obligation stated) is acceptable given the customer's operational use of the platform. The absence of a mutual indemnification provision is a standard differentiator that may be addressed in the Software Services Agreement for Organization and Enterprise customers. (5) COMPLIANCE CONSIDERATIONS: Customers should ensure that Authorized User access is managed carefully and that internal content policies address the types of content that could give rise to third-party claims. The indemnification obligation should be factored into enterprise risk assessments for platform dependency.
This provision places full indemnification responsibility on the customer for third-party claims connected to Customer Content or Terms violations. The breadth of Customer Content (all applications and materials developed on or uploaded to the Services) means the indemnification obligation covers a wide range of content-related disputes, including potential intellectual property claims by third parties related to content uploaded by the …
Under this clause, customers are responsible for indemnifying Figma against third-party claims arising from content they upload or develop on the platform, as well as any violations of the Terms by the customer or its Authorized Users. The agreement states that customers are responsible for all activities of Authorized Users.
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