Get the weekly research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean. No account.
The agreement requires that Claims against Figma be resolved through binding individual arbitration administered by NAM under its Comprehensive Dispute Resolution Rules, unless the Customer submits a written opt-out notice within 30 days of first agreeing to the Terms. The arbitrator holds exclusive authority to resolve threshold arbitrability issues, including whether the Terms are applicable or enforceable.
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 requires disputes to proceed through individual arbitration rather than court, with the arbitrator holding exclusive authority to determine arbitrability. The 30-day opt-out window from first agreement is the sole mechanism by which a Customer may preserve the right to litigate Claims in court.
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, the agreement requires Customer to submit Claims against Figma to binding individual arbitration administered by NAM, with fees allocated per NAM rules unless a Claim is found frivolous. The arbitration may be conducted in writing, remotely, or in San Francisco, California.
Cross-platform context
See how other platforms handle Mandatory Individual Arbitration and similar clauses.
Compare across platforms →Monitoring
Figma has changed this document before.
Receive same-day alerts, structured change summaries, and monitoring for up to 25 platforms.
"ARBITRATION NOTICE: UNLESS CUSTOMER OPTS OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE CUSTOMER FIRST AGREES TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE "DISPUTE RESOLUTION" SECTION BELOW, THESE TERMS WILL, WITH LIMITED EXCEPTION, REQUIRE CUSTOMER TO SUBMIT CLAIMS CUSTOMER HAS AGAINST FIGMA TO BINDING AND FINAL ARBITRATION SOLELY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF A CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION. BY ENTERING INTO THESE TERMS, CUSTOMER AND FIGMA ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY.Excerpt from Figma's Terms of Service
(1) REGULATORY LANDSCAPE: The arbitration clause designates the Federal Arbitration Act as its governing law, which generally preempts state law restrictions on arbitration agreements. The enforceability of delegation clauses assigning arbitrability determinations to the arbitrator has been subject to evolving judicial interpretation under U.S. Supreme Court precedent; compliance teams should monitor applicable case law in the governing jurisdiction. The FTC has issued guidance on unfair or deceptive practices that may interact with mandatory arbitration in consumer contexts. (2) GOVERNANCE EXPOSURE: Medium. The delegation of threshold arbitrability issues to the arbitrator, including determinations of unconscionability, creates procedural complexity for Customers seeking to challenge the arbitration agreement itself. The 60-day pre-arbitration notice requirement (Pre-Arbitration Letter to legal@figma.com) introduces a mandatory cooling-off period before formal arbitration can be initiated. (3) JURISDICTION FLAGS: California courts have historically scrutinized mandatory arbitration clauses in consumer contracts under the California Consumers Legal Remedies Act and unconscionability doctrine. EU/EEA customers may find mandatory arbitration provisions difficult to enforce given consumer protection frameworks that preserve access to national courts. The opt-out mechanism is available globally but must be exercised within 30 days of first agreement. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams should note that the arbitration clause applies to the Starter and Professional plan Terms only; Organization and Enterprise customers are directed to the Software Services Agreement, which may contain different dispute resolution provisions. The clause expressly voids any attempt to opt out multiple parties with a single notice, requiring individual opt-out per account holder. (5) COMPLIANCE CONSIDERATIONS: Legal teams should establish an internal process to submit opt-out notices within the 30-day window for any accounts where litigation access is a compliance requirement. The pre-arbitration letter procedure requires individualized written notice including name, mailing address, email, and counsel information, and should be incorporated into dispute response workflows.
Full institutional analysis
Regulatory citations, enforcement risk, and due diligence action items.
Monitor: same-day alerts on the platforms you choose. Analyst: full institutional analysis.
Compliance Governance Intelligence
Need to monitor specific governance provisions?
Compliance includes provision-level monitoring, governance timelines, regulatory mapping, and audit-ready analysis.
Built from archived source documents, structured governance mappings, and historical version tracking.
This provision requires disputes to proceed through individual arbitration rather than court, with the arbitrator holding exclusive authority to determine arbitrability. The 30-day opt-out window from first agreement is the sole mechanism by which a Customer may preserve the right to litigate Claims in court.
Under this clause, the agreement requires Customer to submit Claims against Figma to binding individual arbitration administered by NAM, with fees allocated per NAM rules unless a Claim is found frivolous. The arbitration may be conducted in writing, remotely, or in San Francisco, California.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Figma.