We use cookies to ensure that we give you the best experience on our website. By continuing your visit on the website, you consent to the use of the cookies. If you want to find out more about the cookies we use, you can access our Privacy Policy.
OK

I agree that all information I access in connection with my visit to Figma’s facilities is Figma’s confidential information, and is protected by the NDA between my company and Figma. If I do not, or my company does not, have an NDA with Figma, I agree to be bound by the NDA below.

 

Nondisclosure Agreement

​​1. Introduction. This Nondisclosure Agreement (“NDA”) allows Figma, Inc. or one of its affiliates (collectively, “Figma”) to disclose or make available to you, or allow you access to, business, technical, or other information, materials, ideas, or facilities (the “Confidential Information”) in connection with evaluating a proposed business relationship with Figma or continuing an existing relationship with Figma (the “Purpose”). Confidential Information shall include, without limitation, anything you learn or discover as a result of exposure to or analysis of any Confidential Information. In consideration of any disclosure and any negotiations concerning the Purpose, you agree to the terms of this NDA. 

 

2. Use and Protection of Confidential Information. You shall: (a) use Confidential Information solely for the Purpose; (b) not disclose Confidential Information to third parties; and (c) hold in strict confidence and protect Confidential Information using at least the same protections you use for your own confidential or proprietary information but no less than a reasonable standard of care. Your obligations in this NDA do not apply to information that you can demonstrate: (a) is or becomes publicly available through no fault of yours; (b) you rightfully knew or possessed prior to receipt from Figma without confidentiality restrictions; (c) you rightfully obtained from a third party without confidentiality restrictions; or (d) you independently developed without using or referencing the Confidential Information. You will strictly abide by any and all instructions and restrictions provided by Figma from time to time with respect to Confidential Information or Figma systems. You will not reverse engineer or attempt to derive the composition or underlying information, structure or ideas of any Confidential Information. The foregoing does not grant you a license in or to any of the Confidential Information. You will promptly notify Figma of any unauthorized release, disclosure or use of Confidential Information.

3. Disclosures Required by Law. You may disclose Confidential Information to the extent required by law, regulation or regulatory authority, subpoena or court order, provided (to the extent legally permitted) you provide Figma reasonable advance notice of the required disclosure and reasonably cooperate with Figma’s efforts to obtain confidential treatment for the Confidential Information.

4. Term and Termination. This NDA will remain in effect for a period of one year from the date you sign this NDA. Your obligations relating to Confidential Information will survive expiration of this NDA and continue with respect to any particular Confidential Information until you can document that such Confidential Information falls into one of the exceptions stated in Paragraph 2 above, or, in the case of trade secrets, until Confidential Information is no longer considered a trade secret under applicable laws.

5. Return or Destruction of Confidential Information. If you decide not to proceed with the proposed business relationship or if asked by Figma, but in no event later than expiration or termination of this NDA, you will: (a) cease using Confidential Information; (b) promptly after Figma’s written request, destroy all Confidential Information in your possession or control or return it to Figma; and (c) if requested by Figma, confirm your compliance with these obligations in writing.

6. Proprietary Rights; Disclaimer. Figma retains all of its intellectual property and other rights in its Confidential Information (including any such intellectual property or Confidential Information created by either party during the applicable recruitment process) and its disclosure to you grants no license under such rights. ALL CONFIDENTIAL INFORMATION IS PROVIDED “AS IS”, WITH ALL FAULTS, AND WITHOUT WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

7. Governing Law and Jurisdiction. This NDA and all matters relating hereto are governed by, and construed in accordance with, the laws of the State of California, without regard to the conflict of laws provisions of such laws. Any legal suit, action, or proceeding relating to this NDA must be instituted in the federal or state courts located in San Francisco, CA. Each party irrevocably submits to the exclusive jurisdiction of San Francisco in any such suit, action, or proceeding.

8. General. A breach of this NDA may cause irreparable harm for which monetary damages are an insufficient remedy. Upon a breach of this NDA, Figma is entitled to seek appropriate equitable relief, including an injunction, in addition to its other remedies. You understand that this NDA does not obligate Figma to disclose any information or negotiate or enter into any agreement or relationship. This NDA is personal to you and nonassignable by you. If any provision of this NDA is held unenforceable, it will be limited to the minimum extent necessary so the rest of this NDA remains in effect. This NDA constitutes the entire agreement of the parties with respect to its subject matter, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding such subject matter. This NDA may only be amended, modified, waived, or supplemented by an agreement in writing signed by both parties.