If Tabnine causes you harm — including through data loss, service failure, or AI errors — the most money you can ever recover from them is either what you paid them in the last year, or $100, whichever is more.
This analysis describes what Tabnine'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
The liability cap restricts the scope of financial remedies available through claims related to service use, establishing a defined ceiling for potential damages recovery regardless of the nature or extent of alleged harm. This provision defines the outer boundary of Tabnine's financial exposure under the agreement.
This cap means that even if Tabnine's AI causes you significant financial or legal harm — for example, by generating infringing code that results in a lawsuit — you can recover at most $100 if you are a free user, creating a severe imbalance of risk between you and the company.
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DUOLINGO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESUL...
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"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF TABNINE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO TABNINE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).— Excerpt from Tabnine's Tabnine Terms of Use
REGULATORY FRAMEWORK: This provision implicates consumer protection law under FTC Act Section 5 (unfair practices), state consumer protection statutes (e.g., California Consumer Legal Remedies Act, CLRA), and potentially GDPR Art. 82 which preserves data subjects' rights to full compensation for GDPR-related harms regardless of contractual limitations — meaning this cap may be unenforceable against EU users for GDPR-related claims. Courts in California and other states have scrutinized unconscionably low liability caps, particularly in B2C contexts.
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The liability cap restricts the scope of financial remedies available through claims related to service use, establishing a defined ceiling for potential damages recovery regardless of the nature or extent of alleged harm. This provision defines the outer boundary of Tabnine's financial exposure under the agreement.
This cap means that even if Tabnine's AI causes you significant financial or legal harm — for example, by generating infringing code that results in a lawsuit — you can recover at most $100 if you are a free user, creating a severe imbalance of risk between you and the company.
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