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.
Cross-platform context
See how other platforms handle Class Action Waiver Independent of Arbitration Opt-Out and similar clauses.
Compare across platforms →"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AS A PLAINTIFF OR MEMBER IN ANY CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION.Excerpt from Figma's Terms of Service (Superseded URL)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.
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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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