Figma AI

"Upon any termination, to the extent permitted by applicable law, Figma will make all Customer Content then held by Figma available to you for electronic retrieval for a period of 30 days, but thereafter Figma may delete any stored Customer Content. Notwithstanding the foregoing, upon termination of this Agreement for breach of Section 9.12 (Export Control), you lose all right, title, and interest to Customer Content, and Figma may immediately quarantine, delete, or remove Customer Content, and immediately suspend your use of and access to the Figma Platform."

" (b) Upon any termination, discontinuation, or cancellation of Services or your Figma account, the following provisions of these Terms will survive: Service Terms, Billing (to the extent you owe any fees at the time of termination, discontinuation, or cancellation, including fees incurred prior to termination that haven’t been billed yet); Confidentiality; provisions related to Usage Data, Customer Content, and Feedback; Warranties and Disclaimers; Indemnity; Limitations of Liability; Termination; and the Miscellaneous provisions under Section 9. Upon any termination, to the extent permitted by applicable law, Figma will make all Customer Content then held by Figma available to you for electronic retrieval for a period of 30 days, but thereafter Figma may delete any stored Customer Content. Notwithstanding the foregoing, upon termination of this Agreement for breach of Section 9.12 (Export Control), you lose all right, title, and interest to Customer Content, and Figma may immediately quarantine, delete, or remove Customer Content, and immediately suspend your use of and access to the Figma Platform."

" These Terms of Service (these “ Terms ”) are entered into between you (“ Customer ”) and Figma, Inc. (“ Figma ”), and govern access to and use of websites owned or operated by Figma (“ Websites ”), and Figma offerings provided under Starter and Professional plans (the “ Figma Platform ”) (Websites, the Figma Platform, and Figma’s published documentation found at https://help.figma.com/hc/en-us (the “ Documentation ”) are collectively referred to as the “ Services ”). If you are purchasing an Organization or Enterprise plan please refer to the Figma Software Services Agreement . By indicating your acceptance of these Terms or by using the Services, you agree to be bound by these Terms. If you are accessing or using the Services on behalf of an entity (such as your employer), then you agree to these Terms on behalf of yourself and that entity, you represent that you are authorized to accept these Terms on behalf of that entity, and all references to “Customer” reference that entity. If you do not have the authority to bind such entity or do not agree with these Terms, you (and the entity) are not authorized to access or use the Figma Platform. 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."

"If Customer has a free account, Customer may use the Services for business or personal purposes, but paid accounts are for business use only."

"7.2. LIMITATION ON AMOUNT OF LIABILITY . 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."

"6.1 Customer will indemnify, hold harmless, and, at Figma’s option, defend, Figma from any third party claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal fees, arising out of or related to (a) Customer Content; or (b) Customer’s violation of these Terms."

"THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY FIGMA AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 7 WILL APPLY TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT."

" 7.1. LIMITATION OF INDIRECT LIABILITY . UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR ANY OTHER THEORY OF LIABILITY), WILL FIGMA, ITS AFFILIATES AND ITS OR THEIR CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS (COLLECTIVELY, ITS “ PARTY REPRESENTATIVES ”), BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR THE INABILITY TO USE THE SERVICES, EVEN IF FIGMA OR ITS PARTY REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7.2. LIMITATION ON AMOUNT OF LIABILITY . 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. 7.3. IN GENERAL . EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS RELATING TO THESE TERMS BETWEEN THE PARTIES. "

"7.1. LIMITATION OF INDIRECT LIABILITY . UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR ANY OTHER THEORY OF LIABILITY), WILL FIGMA, ITS AFFILIATES AND ITS OR THEIR CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS (COLLECTIVELY, ITS “ PARTY REPRESENTATIVES ”), BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR THE INABILITY TO USE THE SERVICES, EVEN IF FIGMA OR ITS PARTY REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES."

"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."

"Product-Specific Terms are hereby incorporated into these Terms by reference as if set forth herein and apply if Customer (including any Authorized User) elect to use such offerings. “ Product-Specific Terms ” mean the terms and conditions available at www.figma.com/product-specific-terms/ . 9.4. Force Majeure . Figma will not be liable for, or be considered to be in breach of or default under these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond its reasonable control, so long as it uses commercially reasonable efforts to avoid or remove those causes of non-performance. If Figma believes, in good faith, that it is legally prohibited from providing Customer or Customer’s Authorized Users with the Services, Figma may freeze Customer’s account and/or cancel Customer’s subscription at Figma’s sole discretion. 9.5. Notices . Any notices or other communications provided by Figma under these Terms, including those regarding modifications to these Terms, will be given by Figma through the Figma Platform, on Figma’s website, and/or by email to the email address associated with Customer’s account. 9.6. Severability . The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms and it is the intent and agreement of the parties that these Terms will be deemed amended by modifying such provision to the extent necessary to render it valid, legal, and enforceable while preserving its intent or, if such modification is not possible, by substituting another provision that is legal and enforceable and that achieves the same objective. "

" (a) Figma may terminate Customer’s access to and use of the Services, at Figma’s sole discretion, at any time and without notice or liability to Customer, but if Figma cancels Customer’s subscription and the termination is not due to Customer’s breach of these Terms, Figma will provide to Customer a pro rata refund of pre-paid unused fees unless, in our reasonable discretion, Figma is not legally permitted to do so (in which case any refund rights are null and void)."

" 9.1. Changes to these Terms . Figma may modify these Terms (and any policies or agreements referenced in these Terms) at any time. Figma will post the most current version of these Terms on www.figma.com. Figma will endeavor to provide Customer with reasonable advance notice of any change to the Terms that, in our sole determination, materially affects Customer’s rights or Customer’s use of the Services. Figma may provide Customer this notice through the Figma Platform, on Figma’s website, and/or by email to the email address associated with Customer’s account. By continuing to use the Services after any revised Terms become effective, Customer agrees to be bound by the new Terms. 9.2. Changes to the Services . Figma may, in its sole discretion, add, change, or remove features or functionality of the Services; modify or introduce limitations to storage or other features; or discontinue the Services altogether at any time without notice. If Customer is on a paid subscription and Figma discontinues the Services Customer is using during Customer’s subscription, Figma will (a) migrate or make available to Customer a substantially similar service provided by Figma (if commercially reasonable for Figma to do so), or (b) if not, then Figma will provide Customer a pro-rata refund of fees prepaid for the remaining period of Customer’s subscription. 9.3. Product-Specific Terms . Certain Figma offerings are subject to Product-Specific Terms (such as downloadable applications, optional beta features, free trials, APIs, Figma’s artificial intelligence features, including available AI-related settings that apply to Customer Content and billing terms for AI Credits). "

" 3.2. Renewals . CUSTOMER’S SUBSCRIPTIONS WILL AUTOMATICALLY RENEW ON A MONTHLY OR ANNUAL BASIS AS APPLICABLE, AT THE THEN-CURRENT RATE AND, FOR SUBSCRIPTIONS BASED ON SEAT QUANTITY, THE SEAT QUANTITY IN YOUR ACCOUNT ON YOUR RENEWAL DATE, UNLESS YOU CANCEL IT. 3.3. Cancellation . Customer may elect not to renew a subscription by giving notice of cancellation to Figma before the end of the current subscription term. Customer can give notice of cancellation through Customer’s Figma account settings within the Services. Please note that any cancellation will take effect at the end of the then-current subscription term. 3.4. Authorization for Automatically Recurring Payments . When Customer purchases a subscription to the Figma Platform, Customer expressly authorizes Figma (via Figma’s third-party payment processor) to charge the payment method Customer provides to Figma for the initial payment, subscription renewals, and any other purchases Customer makes within the Figma Platform (such as seat additions/upgrades or Credits). Customer represents and warrants that Customer has the legal right to use the payment method Customer provides to Figma. Customer is solely responsible for any bank fees, interest charges, finance charges, overdraft charges, and any other fees Customer incurs as a result of the charges billed by Figma. In the event that Customer fails to pay the full amount owed, Figma may terminate or suspend Customer’s access to the Services, in addition to any other rights or remedies Figma may have. "

" (c) Customer will provide accurate and complete account information (including the list of domains and/or Figma accounts Customer owns or controls for purposes of domain capture or migrations) and maintain the accuracy and completeness of such information. Customer will maintain control over Customer’s Authorized Users’ accounts, including the confidentiality of usernames and passwords. Figma supports login using two-factor authentication (“2FA”), which is known to reduce the risk of unauthorized use of or access to the Figma Platform. Figma will not be responsible for any damages, losses, or liability to Customer, Authorized Users, or anyone else if any event leading to such damages, losses, or liability would have been prevented by the use of 2FA."

" 5.1. Mutual Warranties . Each party represents and warrants to the other that: (a) the performance of these Terms by the executing party does not violate the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound or require authorization or approval from any third party; and (b) it will perform its rights and obligations under these Terms in accordance with applicable law. 5.2. Figma Warranties . Figma represents and warrants to Customer during the applicable subscription term that: (a) Figma will provide access to the Figma Platform and any applicable support services in substantive conformity with the Documentation; and (b) Figma will employ applicable industry standard measures to protect the Figma Platform, in the form provided to Customer by Figma, against software viruses, Trojan horses, worms, or other similar malicious programs or code. 5.3. Disclaimer . EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS SECTION 5, THE PARTIES MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER RELATING TO THIS AGREEMENT. FIGMA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. NON-FIGMA RESOURCES ARE PROVIDED BY THIRD PARTIES, NOT FIGMA, AND ANY USE OF NON-FIGMA RESOURCES IS SOLELY BETWEEN CUSTOMER AND THE APPLICABLE THIRD PARTY PROVIDER. FIGMA DOES NOT WARRANT OR SUPPORT, AND WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY OF ANY KIND FOR, NON-FIGMA RESOURCES."

"For Customer, such taxes may include sales/use, gross receipts, value-added, GST, personal property, excise, consumption, and other similar taxes or duties. Each party will be responsible for its own income taxes, employment taxes, and real property taxes. 3.8. Withholding . All payments made by Customer to Figma under these Terms will exclude any deduction or withholding. If any such deduction or withholding (including cross-border withholding taxes) is required by law, Customer will pay such additional amounts as are necessary so that the net amount received by Figma after such deduction or withholding will be equal to the full amount that Figma would have received if no deduction or withholding had been required. Each party will use commercially reasonable efforts to work with the other party to help obtain, reduce, or eliminate any necessary withholding, deduction, or royalty tax exemptions where applicable."

" How do I start an arbitration proceeding? We want to address Claims without arbitrating, if possible. Before initiating arbitration, Customer and Figma agree to first notify one another of a Claim in writing at least 60 days before a demand can be filed in arbitration. If Customer has a Claim against Figma, Customer agrees to send an individualized letter containing: (a) Customer’s name, mailing address, and email address; (b) the name, mailing address, and email address of Customer’s counsel, if any; (c) a description of the Claim; and (d) Customer’s signature (“ Pre-Arbitration Letter ”) to legal@figma.com, 760 Market St, Floor 10, San Francisco, CA 94102. If Figma requests arbitration against Customer then Figma will give Customer notice at the email address or street address Customer provided. A Pre-Arbitration Letter sent on behalf of multiple individuals is invalid as to all. If the Claim is not resolved within 60 days from either Customer’s or Figma’s receipt of the Pre-Arbitration Letter, a formal arbitration can be brought. What rules apply in the arbitration? The arbitration will be conducted by National Arbitration and Mediation (“ NAM ”) under its operative Comprehensive Dispute Resolution Rules and Procedures, available at https://www.namadr.com/resources/rules-fees-forms. Fees and costs will be allocated in accordance with the applicable NAM rules, unless the arbitrator finds a Claim frivolous, in which case the party bringing the Claim is responsible for reimbursing the other party for its administrative, hearing, and/or other fees incurred as a result of the frivolous Claim. "