Tabnine · Tabnine Terms of Use · View original document ↗

Aggregate Liability Cap ($100)

High severity Unique · 0 of 343 platforms
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Document Record

What it is

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

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.

Consumer impact (what this means for users)

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.

How other platforms handle this

Synthesia Medium

To the maximum extent permitted by applicable law, in no event will Synthesia's aggregate liability to you under or in connection with this Agreement exceed the total fees paid or payable by you to Synthesia in the twelve (12) month period immediately preceding the event giving rise to the claim. In...

Google AI Studio Medium

Google's total liability to you for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Gemini API (or, if we choose, to supplying you the services again) in the 12 months before the breach.

Duolingo Medium

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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▸ View Original Clause Language DOCUMENT RECORD
"
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

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

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.

Full compliance analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

  • FTC
    The $100 liability cap in a consumer-facing AI product may constitute an unfair or deceptive practice under FTC Act Section 5, particularly for free-tier users who have no meaningful recourse.
    File a complaint →
  • State AG
    State attorneys general in California and other states may investigate whether this liability cap is enforceable under state consumer protection statutes such as the CLRA or UCL.
    File a complaint →

Applicable regulations

EU AI Act - High Risk Provisions
EU
FTC Act Section 5
United States Federal

Provision details

Document information
Document
Tabnine Terms of Use
Entity
Tabnine
Document last updated
May 5, 2026
Tracking information
First tracked
April 30, 2026
Last verified
April 30, 2026
Record ID
CA-P-004137
Document ID
CA-D-00489
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
d53aea8409597898f8a7268061a9cdae6b8d4af083eecee2b2fc3108a92e87a9
Analysis generated
April 30, 2026 06:29 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Tabnine
Document: Tabnine Terms of Use
Record ID: CA-P-004137
Captured: 2026-04-30 06:29:45 UTC
SHA-256: d53aea8409597898…
URL: https://conductatlas.com/platform/tabnine/tabnine-terms-of-use/aggregate-liability-cap-100/
Accessed: June 17, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Tabnine's Aggregate Liability Cap ($100) clause do?

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.

How does this clause affect you?

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.

Is ConductAtlas affiliated with Tabnine?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Tabnine.