Figma · Figma Terms of Service · View original document ↗

Mandatory Arbitration and Class Action Waiver

High severity Medium confidence Explicitdocumentlanguage Common · 112 of 325 platforms
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Document Record

What it is

If you have a dispute with Figma, you must resolve it through private arbitration rather than a lawsuit, and you cannot join a class action lawsuit with other users. The only exceptions are small claims court and emergency intellectual property matters.

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)

The clause establishes an alternative dispute resolution mechanism that channels all covered disputes away from judicial proceedings and class-based actions into individual arbitration. This affects how disputes are processed, what forums are available, and the procedural framework within which claims must be pursued.

Interpretive note: Enforceability varies by jurisdiction; EU, UK, and some US state consumer protection laws may limit the applicability of mandatory arbitration and class action waivers for individual consumers.

Recent Activity

This document changed recently

Medium Mar 31, 2026

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 →

Consumer impact (what this means for users)

This provision means that if Figma harms you in some way, your only formal legal remedy is typically individual arbitration, which can be more costly and complex for individual consumers than small claims or class proceedings. EU and UK consumers should note this may not be enforceable against them under local consumer protection law.

How other platforms handle this

OpenAI High

You and OpenAI agree to resolve any disputes arising out of or relating to these Terms or our Services through final and binding individual arbitration, except that either party may bring an individual claim in small claims court. You agree to waive your right to a jury trial and to participate in a...

Tinder High

If you are a U.S. user, you and Tinder agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Tinder agree otherwise, the arbitrator may not consoli...

Wise High

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, 'Disputes') will be settled by binding arbitration between you and Wise, except that each party retains...

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▸ View Original Clause Language DOCUMENT RECORD
"
YOU AND FIGMA AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF OR THE USE OF THE SERVICES (COLLECTIVELY, 'DISPUTES') WILL BE SETTLED BY BINDING ARBITRATION, EXCEPT THAT EACH PARTY RETAINS THE RIGHT TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT AND THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF A PARTY'S COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND FIGMA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

— Excerpt from Figma's Figma Terms of Service

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

(1) REGULATORY LANDSCAPE: This provision engages the Federal Arbitration Act (FAA) in the US, which generally permits mandatory arbitration clauses in commercial agreements. However, it may conflict with EU Directive 93/13/EEC on unfair terms in consumer contracts and UK consumer protection regulations, potentially rendering it unenforceable against individual consumers in those jurisdictions. The FTC has regulatory interest in dispute resolution provisions that may be unfair or deceptive. (2) GOVERNANCE EXPOSURE: High. The class action waiver, combined with mandatory arbitration, significantly limits collective redress mechanisms for users. This creates governance exposure particularly for enterprise deployments where employee-users may have disputes, and for any consumer-facing use cases. The provision as drafted is broadly scoped to cover all disputes arising from the terms or service use. (3) JURISDICTION FLAGS: EU/EEA and UK users face heightened exposure as mandatory arbitration and class action waivers for consumer contracts are frequently unenforceable or restricted under local law. California's consumer protection framework may also interact with arbitration enforceability depending on the nature of the dispute. Illinois, New York, and other states with strong consumer protection statutes should be assessed. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams should evaluate whether this clause is compatible with their standard vendor risk frameworks. Where Figma is deployed for employee use, HR and legal teams should assess whether disputes arising from that use are adequately addressed. The provision's liability implications should be reviewed against enterprise indemnification expectations. (5) COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the arbitration clause is consistent with obligations to employee-users or client users. For EU/UK deployments, local counsel should evaluate enforceability. Organizations should document their review of this clause as part of vendor onboarding, and consider whether contractual carve-outs or supplemental agreements are needed.

Full compliance analysis

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

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Applicable agencies

  • FTC
    The FTC has oversight over unfair or deceptive consumer dispute resolution practices and may receive complaints about mandatory arbitration terms in consumer-facing agreements.
    File a complaint →
  • State AG
    State attorneys general may have authority over consumer arbitration clause enforceability under state consumer protection statutes, particularly in California and other strong consumer protection states.
    File a complaint →

Applicable regulations

FAA
United States Federal

Provision details

Document information
Document
Figma Terms of Service
Entity
Figma
Document last updated
May 5, 2026
Tracking information
First tracked
May 8, 2026
Last verified
May 10, 2026
Record ID
CA-P-001099
Document ID
CA-D-00205
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
f1c7c9f3436bfc67b5ddf31ad422973cdabd34f11c548e44b44f967f8744c783
Analysis generated
May 8, 2026 03:26 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Figma
Document: Figma Terms of Service
Record ID: CA-P-001099
Captured: 2026-05-08 03:26:27 UTC
SHA-256: f1c7c9f3436bfc67…
URL: https://conductatlas.com/platform/figma/figma-terms-of-service/mandatory-arbitration-and-class-action-waiver/
Accessed: May 20, 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 Mandatory Arbitration and Class Action Waiver clause do?

The clause establishes an alternative dispute resolution mechanism that channels all covered disputes away from judicial proceedings and class-based actions into individual arbitration. This affects how disputes are processed, what forums are available, and the procedural framework within which claims must be pursued.

How does this clause affect you?

This provision means that if Figma harms you in some way, your only formal legal remedy is typically individual arbitration, which can be more costly and complex for individual consumers than small claims or class proceedings. EU and UK consumers should note this may not be enforceable against them under local consumer protection law.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 112 platforms. See the full comparison.

Is ConductAtlas affiliated with Figma?

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