The agreement prohibits both Customer and Figma from participating in class, representative, or consolidated actions. The class action waiver applies to both parties regardless of whether the Customer opts out of arbitration.
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 remains operative even if a Customer successfully opts out of arbitration, meaning class proceedings are unavailable as a litigation pathway under these Terms regardless of the dispute resolution mechanism chosen.
Interpretive note: The enforceability of a standalone class action waiver applying to court proceedings when arbitration has been opted out of varies by jurisdiction and has not been uniformly resolved by courts.
The removal of the Subprocessors list link makes it less convenient for users, particularly enterprise and EU-based customers who rely on this information for data protection compliance, to verify which third parties Figma engages to process their data. While the subprocessor information may still exist on Figma's website, removing the direct link from the Terms of Service reduces accessibility and transparency. Enterprise customers and those subject to GDPR may need to contact Figma directly to access current subprocessor information.
View change record →Previous version had no excerpt provided; current version now includes detailed text showing binding arbitration requirement with small claims court and injunctive relief carve-outs.
View full change record →Under this clause, the agreement requires all Claims to be pursued individually, and the class action waiver applies whether or not the Customer opts out of arbitration. Customers retain the ability to pursue individual Claims in court if they opt out of arbitration, but not as part of a class or representative proceeding.
Cross-platform context
See how other platforms handle Class Action Waiver 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
(1) REGULATORY LANDSCAPE: Class action waivers in consumer contracts are subject to scrutiny under state consumer protection statutes, including California's Consumers Legal Remedies Act.
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This provision establishes that the class action waiver remains operative even if a Customer successfully opts out of arbitration, meaning class proceedings are unavailable as a litigation pathway under these Terms regardless of the dispute resolution mechanism chosen.
Under this clause, the agreement requires all Claims to be pursued individually, and the class action waiver applies whether or not the Customer opts out of arbitration. Customers retain the ability to pursue individual Claims in court if they opt out of arbitration, but not as part of a class or representative proceeding.
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