Which regulatory agencies enforce this type of clause?

{'agency': 'FTC', 'reason': 'A one-sided indemnification clause combined with a $100 liability cap on the company may constitute an unfair contract term under FTC Act Section 5, creating asymmetric risk that disadvantages consumers.', 'complaint_url': 'https://reportfraud.ftc.gov/'}

What is the severity of this clause?

ConductAtlas classifies this Indemnification by User clause as high severity. Severity reflects the magnitude of rights affected, the breadth of users impacted, and the degree of discretion the platform retains.

Do other platforms have similar clauses?

Yes. ConductAtlas has identified similar Indemnification by User clauses across approximately 3 other tracked platforms. You can compare how platforms differ on this clause type in the cross-platform comparison view.

Indemnification by User — Tabnine

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What it is

If Tabnine gets sued or incurs costs because of something you did with their service — including using AI-generated code that infringes someone's copyright — you are responsible for paying their legal bills.

Consumer impact (what this means for users)

You could be personally responsible for Tabnine's legal costs if you inadvertently use their AI-generated code in a way that infringes a third party's copyright or privacy rights — a real risk given ongoing uncertainty about AI-generated code and copyright law.

Cross-platform context

See how other platforms handle Indemnification by User and similar clauses.

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Why it matters (compliance & risk perspective)

This clause creates a one-sided financial obligation: while Tabnine's liability to you is capped at $100, your potential liability to Tabnine is unlimited, including covering their attorney fees in disputes.

View original clause language

You agree to indemnify and hold harmless Tabnine and its officers, directors, employees, and agents from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services; (ii) your violation of these Terms; or (iii) your violation of any third party rights, including without limitation any copyright, property, or privacy rights.

Institutional analysis (Compliance & legal intelligence)

REGULATORY FRAMEWORK: Broad indemnification clauses in consumer contracts are subject to unconscionability challenges under UCC § 2-302 and common law contract principles. In the EU, the Unfair Contract Terms Directive (93/13/EEC) may render such one-sided indemnification obligations unenforceable against consumers. The particular risk of indemnification for third-party copyright claims arising from AI-generated code engages copyright law (17 U.S.C. § 101 et seq.) and the growing body of AI copyright litigation.

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Applicable agencies

FTC

A one-sided indemnification clause combined with a $100 liability cap on the company may constitute an unfair contract term under FTC Act Section 5, creating asymmetric risk that disadvantages consumers.
File a complaint →

Provision details

Document information

Document

Tabnine Terms of Use

Entity

Tabnine

Document last updated

April 29, 2026

Tracking information

First tracked

April 30, 2026

Last verified

April 30, 2026

Record ID

CA-P-004143

Document ID

CA-D-00489

Evidence Provenance

Source URL

https://www.tabnine.com/terms

Wayback Machine

View archived versions →

SHA-256

d53aea8409597898f8a7268061a9cdae6b8d4af083eecee2b2fc3108a92e87a9

Verified

✓ Snapshot stored ✓ Change verified

How to Cite

ConductAtlas Policy Archive
Entity: Tabnine | Document: Tabnine Terms of Use | Record: CA-P-004143
Captured: 2026-04-30 06:29:45 UTC | SHA-256: d53aea8409597898…
URL: https://conductatlas.com/platform/tabnine/tabnine-terms-of-use/indemnification-by-user/
Accessed: May 2, 2026

Classification

Severity

High

Indemnification by User