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The agreement caps Figma's total liability for all Claims at the greater of $100 or subscription fees paid in the 12 months prior to the event giving rise to liability, and excludes all indirect, consequential, incidental, special, and exemplary damages including loss of profits, data, or use.
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 limits the total recoverable amount against Figma to subscription fees paid over the prior 12 months (or a minimum of $100), and excludes categories of loss such as data loss, lost profits, and cost of cover that may be material to users who rely on Figma for design-critical workflows.
Interpretive note: Enforceability of the liability cap and indirect damages exclusion may vary by jurisdiction; EU/EEA and UK consumer protection frameworks may limit the provision's application, and the document acknowledges limitations apply to the maximum extent not prohibited by law.
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, Figma's aggregate financial liability for all Claims is limited to the greater of $100 or 12 months of subscription fees paid, regardless of the legal theory asserted. Indirect and consequential damages, including loss of data or profits, are excluded from recoverable amounts under the agreement.
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"UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY OR ANY OTHER THEORY OF LIABILITY), WILL THE TOTAL LIABILITY OF FIGMA, ITS AFFILIATES, AND ITS OR THEIR PARTY REPRESENTATIVES FOR ANY AND ALL DAMAGES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR THE INABILITY TO USE THE SERVICES, EXCEED, THE GREATER OF: (a) $100; OR (b) THE SUBSCRIPTION FEES PAID BY CUSTOMER TO FIGMA IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.Excerpt from Figma's Terms of Service
(1) REGULATORY LANDSCAPE: Limitation of liability clauses in consumer contracts may be subject to statutory constraints in certain jurisdictions; for example, some EU member states restrict the enforceability of liability caps in consumer agreements, and the UK's Unfair Contract Terms Act limits exclusions of liability for certain losses. The Terms apply California law, which generally permits commercial limitation of liability clauses, though courts may scrutinize their application in consumer contexts. (2) GOVERNANCE EXPOSURE: Medium. For Professional plan customers storing high-value design assets, the $100 floor and 12-month fee cap may represent a significant disproportion between potential loss and recoverable damages. The exclusion of data loss from indirect damages may be particularly material given that Figma is a cloud-based storage and collaboration platform. (3) JURISDICTION FLAGS: EU/EEA consumer protection law may limit the enforceability of liability exclusions for gross negligence or intentional conduct. The UK's Consumer Rights Act restricts exclusion of liability for death or personal injury caused by negligence. California courts may apply unconscionability analysis to the $100 floor in consumer contexts. The document states limitations apply to the maximum extent not prohibited by law. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise-adjacent Professional plan customers should note that the limitation of liability applies to all claims including those arising from service outages, data loss, or unauthorized access, subject to applicable law. The clause states the liability allocation is reflected in Figma's pricing, which is a standard commercial recital intended to support enforceability. (5) COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the liability cap is adequate relative to the value of Customer Content stored on the platform and consider whether contractual indemnification or cyber insurance coverage supplements this limitation. Procurement teams should note that Organization and Enterprise plan customers are subject to a separate Software Services Agreement that may contain different liability terms.
This provision limits the total recoverable amount against Figma to subscription fees paid over the prior 12 months (or a minimum of $100), and excludes categories of loss such as data loss, lost profits, and cost of cover that may be material to users who rely on Figma for design-critical workflows.
Under this clause, Figma's aggregate financial liability for all Claims is limited to the greater of $100 or 12 months of subscription fees paid, regardless of the legal theory asserted. Indirect and consequential damages, including loss of data or profits, are excluded from recoverable amounts under the agreement.
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