Risk Score
0 = very fair · 100 = very risky
Summary
This is a SaaS Terms of Service agreement for Figma's design platform (Starter and Professional plans), effective March 2026. The document is fairly standard for a B2B/prosumer SaaS product, with users retaining ownership of their content. However, it includes mandatory binding arbitration with a class action waiver, broad unilateral rights to modify terms and services, automatic subscription renewal, and a liability cap that may be as low as $100. Overall the document leans moderately in Figma's favor but includes some notable user protections such as pro-rata refunds for certain terminations and a 30-day content retrieval window post-termination.
Flagged Clauses
Disputes with Figma must go through private arbitration rather than a public court, and cannot be combined with other users' claims into a class action lawsuit. This means if many users are harmed in the same way, each person must fight their own individual case. There is a 30-day opt-out window from first agreeing to the terms. The arbitrator — not a judge — also decides whether the arbitration clause itself is valid.
“UNLESS CUSTOMER OPTS OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE CUSTOMER FIRST AGREES TO THESE TERMS... 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.”
Even if you believe the arbitration clause itself is unfair or invalid, that question is decided by the arbitrator — not a court. This removes an important avenue for challenging the clause's enforceability.
“The arbitrator will have the exclusive authority to resolve all threshold arbitrability issues, including whether these Terms are applicable, unconscionable, or enforceable, as well as any defense to arbitration.”
Subscriptions automatically renew and are charged at the current rate and current seat count without further action from you. If you've added seats during the year, the renewal will include all of them. You must proactively cancel before the renewal date or you'll be charged for another full term.
“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.”
The AI Credits add-on subscription renews monthly on its own schedule, independent of your main plan's billing cycle. You could be on an annual plan but still get monthly charges for AI credits that auto-renew separately.
“The AI Credits Subscription will automatically renew monthly regardless of whether Customer is on an annual or monthly Professional plan.”
If you cancel mid-term, you generally do not get a refund for unused time. You also cannot reduce the number of seats mid-subscription — you're locked in to what you've purchased for the full term.
“Unless otherwise specified in these Terms, fees paid are non-refundable and quantities purchased cannot be decreased during the relevant subscription term.”
Figma can change the terms at any time. While they say they'll try to give 'reasonable advance notice' for material changes, continued use of the service after changes take effect counts as acceptance. If you don't notice or act on the changes, you're bound by them.
“Figma may modify these Terms (and any policies or agreements referenced in these Terms) at any time... By continuing to use the Services after any revised Terms become effective, Customer agrees to be bound by the new Terms.”
Figma can change, remove, or add features — including reducing storage limits — at any time and without advance notice, even during a paid subscription period. The only recourse for a full discontinuation is a pro-rata refund.
“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.”
Figma can raise prices. For existing subscriptions, price increases normally take effect at renewal. However, Figma can also specify that a price change applies mid-term, in which case your only remedy is to cancel and get a refund for unused prepaid time — you have 30 days to act on this.
“Figma reserves the right to change its fees at any time. Changes to pricing that apply to an existing recurring subscription will take effect at the next order or renewal unless... Figma specifies otherwise.”
If Figma causes you harm — including loss of your data or work — the most you can recover is either $100 or what you paid in the past year, whichever is more. For free users, this cap is just $100 regardless of damages suffered.
“THE TOTAL LIABILITY OF FIGMA... WILL NOT 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.”
Even if Figma loses your design files, causes you to miss a client deadline, or disrupts your business, they are not responsible for any resulting business losses, lost profits, or data loss. Only direct damages up to the cap are potentially recoverable.
“FIGMA... WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR USE OR COST OF COVER).”
Figma can shut down your account at any time, for any reason, without warning. While they do offer a pro-rata refund if the termination isn't your fault, your access and work could be cut off immediately and without advance notice.
“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.”
After your account is terminated, you have 30 days to download your files. After that window, Figma may permanently delete everything. If you miss that window — especially if termination was without notice — your work could be lost.
“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.”
If your account is terminated for export control violations, Figma can immediately and permanently delete all your content with no retrieval period. You also lose all rights to that content.
“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.”
You keep ownership of the designs and files you create. Figma does not claim ownership over your work. Their license to use your content is limited to providing and maintaining the service.
“As between Customer and Figma, Customer retains all right, title, and interest in Customer Content, and Figma owns all right, title, and interest in the Services.”
Figma collects technical usage data (logs, telemetry, metadata about how you use the platform) and can use this indefinitely — even after you stop using the service — but only in anonymized, aggregated form. This is standard practice for SaaS products.
“Figma will have the right to collect and analyze data and other information relating to the access, use, and performance of the Services ('Usage Data')... Figma will be free (during and after the Term) to use Usage Data in de-identified and aggregated form to maintain, improve, and enhance Figma's products and services.”
Figma shares your data with third-party subprocessors. A list is available at their website, but the terms do not specify what categories of data are shared with which third parties. You would need to review the linked subprocessor list and Privacy Policy separately.
“Figma may engage third party service providers to support its performance of these Terms (including the subprocessors listed at https://www.figma.com/sub-processors/).”
Any feedback you give Figma — bug reports, feature suggestions, comments — becomes something Figma can use freely and permanently with no compensation or credit to you.
“Customer may voluntarily provide Figma feedback, comments, or suggestions... Customer hereby grants Figma the right to use such Feedback to maintain, improve, and enhance Figma's products and services.”
If a third party sues Figma because of your content or because you violated the terms, you are responsible for covering Figma's legal costs and damages. This is a one-sided indemnification — Figma does not offer a reciprocal indemnification to users.
“Customer will indemnify, hold harmless, and, at Figma's option, defend, Figma from any third party claims... arising out of or related to (a) Customer Content; or (b) Customer's violation of these Terms.”
If your country requires you to withhold taxes on payments to foreign companies, you must pay extra to cover that withholding so Figma still receives the full amount. This could increase your effective cost beyond the listed price.
“All payments made by Customer to Figma under these Terms will exclude any deduction or withholding. If any such deduction or withholding is required by law, Customer will pay such additional amounts as are necessary so that the net amount received by Figma... will be equal to the full amount.”
Missing Protections
- No reciprocal indemnification from Figma to protect users against third-party IP infringement claims arising from Figma's own platform or features
- No explicit Service Level Agreement (SLA) or uptime guarantee in these standard terms (may exist in higher-tier plans)
- No explicit data breach notification timeline or obligation described in these terms (referenced Privacy Policy and DPA may cover this separately)
- No grace period or cure period before account termination — Figma can terminate immediately without notice
- No commitment to preserve user data beyond 30 days post-termination; no long-term backup or export guarantee
- No cooling-off or cancellation-for-refund period after initial purchase
- No cap or limitation on how often Figma can change pricing or terms
- No explicit COPPA/children's privacy protections within these terms (only an age gate at 13+ for general use, 18+ for AI features)
Fair Terms
- Users explicitly retain full ownership of their Customer Content (Section 2.8) — Figma claims no ownership over designs or files
- Figma's license to use Customer Content is expressly limited to 'the sole purpose of providing the Services' — not for marketing or training AI without separate consent (Section 2.5, with AI terms referenced separately)
- Pro-rata refund is provided if Figma terminates a paid subscription that isn't due to user breach (Section 8.2(a))
- Pro-rata refund available if Figma discontinues a service mid-subscription term (Section 9.2)
- If Figma raises prices mid-term, users have 30 days to cancel and receive a refund for prepaid unused time (Section 3.6)
- 30-day opt-out window for arbitration from the date of first agreement (Arbitration Notice)
- Figma commits to providing 30 days of content retrieval access after account termination (Section 8.2(b))
- Usage data is only used in de-identified and aggregated form — individual content is not sold or shared as usage data (Section 2.7)
- A Data Processing Addendum (DPA) is incorporated by reference, indicating GDPR-aware data handling practices (Section 1.2)
Document information only — not legal advice.