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 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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Compare across platforms →For free-tier users or anyone who has paid less than $100, this clause effectively eliminates any meaningful financial recovery for harms caused by Tabnine, including IP infringement in AI-generated code or data breaches.
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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