Figma · Figma Terms of Service (Superseded URL) · View original document ↗

Class Action Waiver Independent of Arbitration Opt-Out

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Document Record

What it is

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

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.

Consumer impact (what this means for users)

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.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Opt Out of Arbitration
    Within 30 days
    Send written opt-out notice to arbitration-opt-out@figma.com within 30 days of accepting the Terms. Note that the class action waiver is stated to apply independently of the arbitration opt-out; opting out addresses only the arbitration requirement.

Cross-platform context

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▸ View Original Clause Language DOCUMENT RECORD
"
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)

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

(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.

Full institutional analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

  • FTC
    The FTC has authority over unfair or deceptive contract terms in consumer agreements, including standalone class action waivers that may limit consumer remedies.
    File a complaint →
  • State AG
    State attorneys general have enforcement authority over class action waiver provisions in consumer contracts under applicable state consumer protection statutes.
    File a complaint →

Provision details

Document information
Document
Figma Terms of Service (Superseded URL)
Entity
Figma
Document last updated
May 5, 2026
Tracking information
First tracked
July 9, 2026
Last verified
July 9, 2026
Record ID
CA-P-014188
Document ID
CA-D-00543
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
4106ee3ad0aa07e2637b5162e0bd4edf0940a8905d10a4f235130ed1e05cafcd
Analysis generated
July 9, 2026 04:58 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Figma
Document: Figma Terms of Service (Superseded URL)
Record ID: CA-P-014188
Captured: 2026-07-09 04:58:34 UTC
SHA-256: 4106ee3ad0aa07e2…
URL: https://conductatlas.com/platform/figma/figma-terms-of-service-superseded-url/provision/CA-P-014188/class-action-waiver-independent-of-arbitration-opt-out/
Accessed: July 23, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Figma's Class Action Waiver Independent of Arbitration Opt-Out clause do?

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.

How does this clause affect you?

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.

Is ConductAtlas affiliated with Figma?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Figma.