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California law governs the Terms and all related Claims, with the Federal Arbitration Act applying to arbitration provisions. For non-arbitrated Claims, exclusive jurisdiction is designated in state and U.S. federal courts in San Francisco, California. The CISG is expressly excluded.
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 all non-arbitrated Claims must be litigated in San Francisco, California courts, which may be a practical barrier for customers located outside California. The choice of California law affects the substantive rights and remedies available to customers in dispute proceedings.
Interpretive note: The enforceability of the California forum selection and governing law clause against EU/EEA, UK, and other international consumers is subject to applicable mandatory consumer protection law in those jurisdictions, which may override contractual choice-of-law provisions.
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 →Under this clause, any Claims not resolved through arbitration must be brought in state or U.S. federal courts in San Francisco, California, and California law applies to all Claims. International customers should note that the CISG is expressly excluded and that applicable mandatory consumer protection law in their home jurisdiction may nonetheless apply.
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"These Terms and all claims arising out of or relating to the Terms will be governed by the laws of the State of California without regard to its conflict of laws provisions, except that the Federal Arbitration Act governs provisions relating to arbitration. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.Excerpt from Figma's Terms of Service
(1) REGULATORY LANDSCAPE: Choice-of-law and exclusive forum clauses in consumer contracts may be limited by mandatory consumer protection provisions in the consumer's home jurisdiction; EU Regulation 1215/2012 on jurisdiction and the Rome I Regulation on applicable law contain rules that may override contractual choice-of-law and forum provisions for EU consumers. UK private international law may similarly limit the enforceability of forum selection clauses against UK consumers. (2) GOVERNANCE EXPOSURE: Low to Medium. For U.S.-based business customers the California forum selection and governing law clause is operationally standard and generally enforceable. For international customers, particularly in the EU and UK, the enforceability of the forum selection clause is subject to local consumer protection law. (3) JURISDICTION FLAGS: EU/EEA consumers may retain the right to litigate in their home jurisdiction courts regardless of this clause under applicable EU private international law. UK consumers may similarly retain home jurisdiction rights under post-Brexit UK law. For U.S. customers outside California, the forum selection clause requires dispute resolution in San Francisco, which may impose travel and cost burdens. (4) CONTRACT AND VENDOR IMPLICATIONS: B2B customers should confirm that their legal teams are prepared to litigate in San Francisco, California if disputes are not resolved through arbitration. International procurement teams should assess whether the California governing law clause conflicts with mandatory applicable law in their home jurisdictions. (5) COMPLIANCE CONSIDERATIONS: Legal teams for international customers should evaluate whether mandatory consumer protection provisions in their home jurisdiction override the California choice-of-law and forum selection provisions. Organizations subject to GDPR should note that data protection disputes may be subject to the jurisdiction of their home data protection authority regardless of these Terms.
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This provision establishes that all non-arbitrated Claims must be litigated in San Francisco, California courts, which may be a practical barrier for customers located outside California. The choice of California law affects the substantive rights and remedies available to customers in dispute proceedings.
Under this clause, any Claims not resolved through arbitration must be brought in state or U.S. federal courts in San Francisco, California, and California law applies to all Claims. International customers should note that the CISG is expressly excluded and that applicable mandatory consumer protection law in their home jurisdiction may nonetheless apply.
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