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The agreement disclaims all implied and express warranties regarding the services and requires users to indemnify Tabnine and its personnel against any claims, losses, costs, and attorney's fees arising from the user's service use, Terms violations, third-party right violations, or user submissions.
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 places broad indemnification obligations on users, including for claims arising from use of AI-suggested code that may infringe third-party intellectual property rights, while simultaneously disclaiming all Tabnine warranties regarding the accuracy, fitness, or non-infringement of such suggested code.
Interpretive note: Enforceability of the full warranty disclaimer and indemnification scope varies by jurisdiction and user category; consumer protection law in EU and UK jurisdictions may limit the enforceability of these provisions for individual consumers.
Under this clause, users are responsible for indemnifying Tabnine against claims arising from their use of the services and any suggested code they incorporate, including potential third-party IP infringement claims. Separately, the agreement disclaims all warranties regarding the services, including fitness for purpose and non-infringement of suggested code.
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"To the fullest extent permitted by law (but without derogating from Tabnine′s representation in respect of its use of FOSS as provided under Section 2 above), Tabnine, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Services and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. You agree to indemnify and hold Tabnine, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney′s fees, arising out of or in connection with any of the following: Your use of and access to the Services, including, without limitation, any Suggested Code; Your violation of any term of these Terms; Your violation of any third-party right, including without limitation any copyright, property, or privacy right;or Any claim that any user submission made by you has caused damage to a third party.Excerpt from Tabnine's Terms of Use
(1) REGULATORY LANDSCAPE: Consumer protection frameworks in the EU, UK, and several US states may limit the enforceability of broad warranty disclaimers in consumer-facing agreements. The EU Consumer Rights Directive and the UK Consumer Rights Act provide baseline protections that cannot be contractually waived. The indemnification clause's scope, covering third-party IP claims arising from suggested code, may require evaluation under applicable IP law and AI-specific guidance emerging from regulators. (2) GOVERNANCE EXPOSURE: High. The combination of a broad warranty disclaimer and a user indemnification obligation covering suggested code IP infringement creates a significant allocation of legal and financial risk to the user. Enterprise legal teams should specifically assess whether this indemnification scope is consistent with their organizational risk tolerance and insurance coverage. (3) JURISDICTION FLAGS: EU consumer law may limit the enforceability of the warranty disclaimer for individual consumers. In the US, implied warranties of merchantability and fitness for a particular purpose can be disclaimed in commercial contracts but may have limitations in consumer contexts under state law. The IP indemnification obligation is particularly significant in jurisdictions with active copyright enforcement regarding AI-generated code. (4) CONTRACT AND VENDOR IMPLICATIONS: This clause asserts that users bear indemnification liability for any claims arising from their use of Tabnine-suggested code, including third-party copyright claims, which is a significant liability assumption. Enterprise procurement teams should assess whether this allocation is acceptable or negotiable, and whether their cyber insurance and IP liability coverage addresses AI-generated code infringement claims. (5) COMPLIANCE CONSIDERATIONS: Organizations using Tabnine for production code development should review their IP compliance and code scanning practices, assess whether Tabnine's separately described code scanning features mitigate this indemnification exposure, and confirm that internal developer policies address the use and review of AI-suggested code prior to incorporation into production software.
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This provision places broad indemnification obligations on users, including for claims arising from use of AI-suggested code that may infringe third-party intellectual property rights, while simultaneously disclaiming all Tabnine warranties regarding the accuracy, fitness, or non-infringement of such suggested code.
Under this clause, users are responsible for indemnifying Tabnine against claims arising from their use of the services and any suggested code they incorporate, including potential third-party IP infringement claims. Separately, the agreement disclaims all warranties regarding the services, including fitness for purpose and non-infringement of suggested code.
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