Tabnine's total financial liability for any claim arising from the terms or the service is capped at the greater of fees paid in the prior three months or one hundred US dollars.
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
This provision limits the maximum financial recovery available to any user or entity against Tabnine to a nominal amount, which is particularly material for enterprise users who may experience significant losses from service failures, data loss, or IP-related incidents.
Interpretive note: Enforceability of this cap varies by jurisdiction; EU and UK consumer law may limit its application, and enterprise negotiated agreements may modify its scope.
Lookback period reduced from twelve (12) months to three (3) months, significantly lowering the potential liability cap for users by reducing the reference period for calculating paid amounts.
View full change record →This provision, while renamed and modified from the previous version, represents a new standalone naming convention that clarifies liability limitations are the primary focus of this section.
View full change record →Under this clause, regardless of the type or magnitude of any claim, the maximum amount recoverable from Tabnine is the greater of three months of subscription fees or one hundred dollars, establishing a ceiling on financial remedies available through these terms.
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"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF TABNINE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES IS LIMITED TO THE GREATER OF (I) THE AMOUNTS YOU HAVE PAID TO TABNINE FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (II) ONE HUNDRED US DOLLARS ($100).— Excerpt from Tabnine's Tabnine Terms of Use
1. REGULATORY LANDSCAPE: EU consumer protection directives and national implementations may render liability caps of this magnitude unenforceable in consumer contracts within EU member states. The UK Consumer Rights Act similarly constrains liability limitations in business-to-consumer agreements. The FTC may evaluate whether the cap, as applied to consumers, constitutes an unfair practice depending on the service context. 2. GOVERNANCE EXPOSURE: High for enterprise users. A one hundred dollar or three-month-fee cap provides minimal financial protection in scenarios involving proprietary code loss, data breach, or service-dependent business interruption. Enterprise procurement teams should assess whether this cap is acceptable relative to their risk exposure. 3. JURISDICTION FLAGS: The cap may be unenforceable or limited in EU/EEA jurisdictions under consumer contract law. California's consumer protection statutes may also constrain the application of nominal liability caps depending on the nature of the claim. Enterprise users in any jurisdiction should evaluate enforceability through legal counsel. 4. CONTRACT AND VENDOR IMPLICATIONS: This clause represents a significant risk allocation in Tabnine's favor. Standard enterprise SaaS agreements typically negotiate higher liability caps, often tied to annual contract value. Procurement teams engaging Tabnine for business-critical development workflows should assess whether the standard terms are acceptable or whether a negotiated enterprise agreement with modified liability terms is available. 5. COMPLIANCE CONSIDERATIONS: Legal teams should document the liability cap as part of third-party vendor risk assessments and evaluate whether it is consistent with the organization's vendor risk management policies, particularly for tools integrated into production code development pipelines.
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This provision limits the maximum financial recovery available to any user or entity against Tabnine to a nominal amount, which is particularly material for enterprise users who may experience significant losses from service failures, data loss, or IP-related incidents.
Under this clause, regardless of the type or magnitude of any claim, the maximum amount recoverable from Tabnine is the greater of three months of subscription fees or one hundred dollars, establishing a ceiling on financial remedies available through these terms.
ConductAtlas has identified this type of provision across 4 platforms. See the full comparison.
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