Users agree to indemnify and defend Tabnine and its affiliates against any claims, damages, costs, and attorneys' fees arising from the user's violation of these terms or use of the service.
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 requires users to bear the cost of defending and compensating Tabnine and its affiliates for claims arising from the user's service use, including third-party claims, which creates financial exposure for users that is asymmetric relative to the $100 liability cap applicable to claims against Tabnine.
Interpretive note: Enforceability of uncapped user indemnification obligations may be limited in EU consumer contracts and under certain US state consumer protection frameworks.
Expanded indemnification scope to include 'affiliates, licensors, and service providers' and changed trigger from four specific categories to only 'violation of these Terms or your use of the Services,' potentially broadening indemnification obligations.
View full change record →Under this clause, users are obligated to cover Tabnine's legal defense costs and any resulting damages for claims arising from their use of the service, while Tabnine's reciprocal liability to users is separately capped at one hundred dollars or three months of fees.
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"You agree to indemnify, defend, and hold harmless Tabnine, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.— Excerpt from Tabnine's Tabnine Terms of Use
1. REGULATORY LANDSCAPE: Broad indemnification clauses in consumer contracts may be evaluated under EU Directive 93/13/EEC on unfair contract terms, which requires that contractual terms creating significant imbalance in parties' rights and obligations to the consumer's detriment be assessed for fairness. The FTC may similarly evaluate whether asymmetric indemnification obligations in consumer-facing agreements constitute unfair practices. 2. GOVERNANCE EXPOSURE: Medium. The asymmetric structure, under which users indemnify Tabnine without limitation while Tabnine's liability to users is capped at $100, creates a notable risk allocation imbalance. Enterprise procurement teams should assess whether this indemnification scope is acceptable and whether enterprise agreements modify it. 3. JURISDICTION FLAGS: EU consumer law may limit the enforceability of broad, uncapped indemnification obligations in consumer contracts. California and other state consumer protection statutes may similarly constrain indemnification clauses that create significant imbalance in consumer agreements. 4. CONTRACT AND VENDOR IMPLICATIONS: The indemnification obligation covers attorneys' fees, which may create material financial exposure in the event of third-party IP claims arising from AI-generated code outputs used in ways that violate these terms. Enterprise teams should assess whether their existing insurance coverage addresses this indemnification obligation. 5. COMPLIANCE CONSIDERATIONS: Legal teams should review the indemnification scope in conjunction with the warranty disclaimer and liability cap to assess the overall risk allocation structure of the agreement. Enterprise procurement should consider negotiating mutual indemnification or scope limitations as part of enterprise agreement discussions.
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This provision requires users to bear the cost of defending and compensating Tabnine and its affiliates for claims arising from the user's service use, including third-party claims, which creates financial exposure for users that is asymmetric relative to the $100 liability cap applicable to claims against Tabnine.
Under this clause, users are obligated to cover Tabnine's legal defense costs and any resulting damages for claims arising from their use of the service, while Tabnine's reciprocal liability to users is separately capped at one hundred dollars or three months of fees.
ConductAtlas has identified this type of provision across 19 platforms. See the full comparison.
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