Last Updated: March 7, 2023

Thank you for your interest in the Figma Creator Fund (“Creator Fund”)! Please read these Terms (the “Terms”) carefully because they govern the submission of application(s) for a Creator Fund grant (“Grant”) offered by Figma, Inc. (“Figma”).

IMPORTANT NOTICE REGARDING ARBITRATION: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION” SECTION BELOW, WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND FIGMA THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION ‎15 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

1. Agreement to Terms. By submitting an Application (as defined below), you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not submit an Application.
2. Changes to these Terms or the Creator Fund. We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on this website and/or may also send other communications. It’s important that you review the Terms whenever we update them. If you submit an Application or continue to use this website after we have posted updated Terms it means that you accept and agree to the changes. We may change or discontinue all or any part of the Figma Creator Fund program, at any time and without notice, at our sole discretion.
3. Eligibility. You may submit an Application only if you are 18 years or older, capable of forming a binding contract with Figma, not otherwise barred from doing so under applicable law, and are allowed to use Figma Community.  Please note that if you are not eligible, we will not review your Application.
4. Applications.
   1. You may submit an application for a Grant (“Application”) through the application website. Please refer to this page for more information about Application requirements and how to submit your Application.
   2. We retain sole and absolute discretion to determine whether to accept an Application and award a Grant or not, and our decision will be final. We may request you to provide additional information to review your Application. If your Application is accepted and you are selected as a Grant recipient, we will notify you via email and you will be required to enter into a separate written grant agreement with Figma.
   3. You are solely responsible for your Application, including all content (such as text, graphics and images) included therein (collectively, “Your Application”). Figma does not claim any ownership rights in Your Application and nothing in these Terms will be deemed to restrict any rights that you may have to Your Application.
   4. By submitting Your Application, you hereby grant to Figma a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform Your Application for purposes of reviewing Your Application and operating and marketing the Creator Fund program. You agree that Figma has no obligation to provide any compensation to you for Your Application or the license granted herein.
   5. You understand that (i) Figma may currently be developing, have developed or in the future will develop ideas, themes, concepts or materials internally or receive ideas or materials from other parties (including other Grant applicants) that may be similar to Your Application; (ii) Figma does not waive any rights to use similar or related ideas, themes, concepts or materials previously known to Figma, or developed by its employees or contractors, or obtained from sources other than you; (iii) Figma has no obligation to conduct intellectual property related searches or review its files, records or catalogues for comparison with Your Application; and (iv) in light of the foregoing, nothing in these Terms may be construed against Figma to mean, or deemed an admission by Figma, that Your Application is unique or novel. Without limitation, Figma shall have the right to develop, market, produce, and sell any product or service itself or through arrangements with third parties, with no obligation to you whatsoever.
5. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Creator Fund program (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
6. Warranty Disclaimers. THE CREATOR FUND PROGRAM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
7. Indemnity. You will indemnify and hold Figma and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) Your Application, or (b) your violation of these Terms.
8. Limitation of Liability.
   1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIGMA WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE CREATOR FUND OR YOUR APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FIGMA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
   2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FIGMA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM OR RELATED TO YOUR APPLICATION, OR FROM SUBMISSION OR INABILITY TO SUBMIT YOUR APPLICATION EXCEED ONE HUNDRED DOLLARS ($100).
   3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FIGMA AND YOU.
9. Governing Law. These Terms will be governed by the laws of the State of California without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
10. Dispute Resolution.
    1. You and we both agree to resolve disputes related to submission of Your Application or these Terms (each, a “Claim”) in binding arbitration instead of court, except that either party may bring suit in court to enjoin the infringement or other misuse of intellectual property rights.
    2. What is arbitration? Arbitration does not involve a judge or jury. Instead, a neutral person (the “arbitrator”) hears each party’s side of the dispute and makes a decision that is finally binding on both parties. The arbitrator can award the same relief as a court could, including monetary damages. While court review of an arbitration award is limited, if a party fails to comply with the arbitrator’s decision, then the other party can have the arbitration decision enforced by a court.
    3. Can a Claim be part of a class action or similar proceeding? NO. YOU AGREE TO RESOLVE YOUR CLAIMS WITH US SOLELY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF A CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION. WE AGREE TO DO THE SAME, WHETHER OR NOT YOU OPT OUT OF ARBITRATION. ACCORDINGLY, UNLESS YOU OPT OUT OF ARBITRATION, YOU AND WE BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR MEMBER IN ANY CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION.
    4. What rules apply in the arbitration? The arbitration will be conducted under the American Arbitration Association (“AAA”) Consumer Arbitration Rules (the “AAA Rules”). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.
    5. How will the arbitration be conducted? How much does it cost? The arbitration will be conducted by the AAA or a comparable arbitration body in the event the AAA is unable to conduct the arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Unless the arbitrator finds your Claim frivolous, we’ll pay for all filing, administration and arbitrator fees if your Claim is for less than $10,000, and we won’t seek our attorneys’ fees and costs if we prevail in the arbitration. The arbitration may be conducted in writing, remotely (e.g., by videoconference), in San Francisco, California, United States or at some other location that we both agree to.
    6. How do I start an arbitration proceeding? To begin an arbitration proceeding against us, send a letter requesting arbitration and describing your Claim to legal@figma.com, 760 Market St, Floor 10, San Francisco, CA 94102. If we request arbitration against you we will give you notice at the email address or street address you provided.
    7. Instructions for Opting-Out of Arbitration. If you don’t want to agree to arbitrate your Claims as explained above, then you can opt-out of this arbitration agreement by notifying us of your decision in writing at arbitration-opt-out@figma.com, 760 Market St, Floor 10, San Francisco, CA 94102. You must opt-out within 30 days of the date you first agree to these Terms or any updated Terms.
    8. Dispute Resolution in the Absence of Arbitration. The sole jurisdiction and venue for any Claims that are not handled by arbitration will be the state and U.S. federal courts located in San Francisco, California, and both parties consent to the jurisdiction of such courts. BY ENTERING INTO THESE TERMS, YOU AND FIGMA ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY.
    9. This Section 105 is governed by the Federal Arbitration Act.
11. General Terms.
    1. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Figma and you regarding your Application, and, subject to the following sentence, these Terms supersede and replace all prior oral or written understandings or agreements between Figma and you regarding such subject matter. These Terms do not impact any other written agreement between you and Figma, such as for use of the Figma Platform or Figma Community.  If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Figma’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Figma may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
    2. Notices. Any notices or other communications provided by Figma under these Terms will be given: (i) via email; or (ii) by posting to this website. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
    3. Waiver of Rights. Figma’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Figma. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
12. Contact Information. If you have any questions about these Terms or the Creator Fund program, please contact Figma at creatorfund@figma.com.