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 clause narrows the scope of recoverable damages in disputes by carving out categories of losses that would otherwise be available under general tort or contract law. This establishes a defined liability boundary in the agreement's dispute resolution framework.
Interpretive note: EU consumer protection mandatory law, including the Digital Content Directive, may limit enforceability of consequential damage exclusions against EU consumers.
Under this provision, users cannot recover damages for indirect or consequential losses (such as lost profits or business interruption) even if Tabnine's actions or service failures cause such losses. Recovery remains limited to direct damages within the scope of other liability limitations in the agreement.
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"IN NO EVENT SHALL TABNINE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE.— Excerpt from Tabnine's Tabnine Terms of Use
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The clause narrows the scope of recoverable damages in disputes by carving out categories of losses that would otherwise be available under general tort or contract law. This establishes a defined liability boundary in the agreement's dispute resolution framework.
Under this provision, users cannot recover damages for indirect or consequential losses (such as lost profits or business interruption) even if Tabnine's actions or service failures cause such losses. Recovery remains limited to direct damages within the scope of other liability limitations in the agreement.
ConductAtlas has identified this type of provision across 3 platforms. See the full comparison.
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