If something goes wrong with the service and you have a legal claim against Tabnine, the maximum amount you can recover is either what you paid in the last year or $100, whichever is higher.
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 clause caps Tabnine's financial exposure at a very low amount, meaning users who suffer significant losses from AI-generated code errors or service failures have limited financial recourse against the company under these terms.
Interpretive note: Enforceability of this cap varies by jurisdiction; mandatory consumer protection laws in the EU, UK, and certain US states may limit or override this provision in applicable contexts.
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 →Provision renamed and restructured to clarify scope covers "all claims" and both "these Terms or the Services"; removed reference to "affiliates, officers, employees, agents, suppliers and licensors" as protected parties.
View full change record →The agreement limits Tabnine's aggregate liability to $100 or prior-year payments for all claims; for enterprise users deploying AI-generated code in production systems, this cap may be materially inadequate relative to potential losses from code defects or service failures.
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You will remain responsible for any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
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"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TABNINE'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO TABNINE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).— Excerpt from Tabnine's Tabnine Terms of Use
REGULATORY LANDSCAPE: Liability limitation clauses of this type are common in software service agreements but may be constrained by mandatory consumer protection laws in the EU (particularly the EU Consumer Rights Directive and national implementations), the UK (Consumer Rights Act 2015), and certain US state laws. Enforcement authorities include State AGs for consumer protection violations and EU national courts for mandatory law conflicts. GOVERNANCE EXPOSURE: High for enterprise and regulated-sector customers. A $100 cap on aggregate liability creates significant risk asymmetry in B2B relationships where AI-generated code may be integrated into production software. This cap may not satisfy enterprise procurement risk thresholds and could conflict with contractual indemnification expectations in vendor agreements. JURISDICTION FLAGS: In the EU and UK, liability limitations that effectively preclude consumer remedies for gross negligence or intentional misconduct may be unenforceable under mandatory law. California and other US states may impose restrictions on liability waivers in consumer contracts. The enforceability of this cap against business users depends on the negotiated terms and jurisdiction. CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams should treat this cap as a material negotiation point for enterprise agreements. Standard commercial practice for SaaS vendors in high-stakes deployments often involves tiered liability caps tied to annual contract value; the $100 floor is operationally below standard for enterprise contexts. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether this liability cap is compatible with their organization's vendor risk management policies and whether enterprise addenda or negotiated agreements can modify this term. EU and UK teams should evaluate whether mandatory consumer law overrides this limitation in their jurisdiction.
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This clause caps Tabnine's financial exposure at a very low amount, meaning users who suffer significant losses from AI-generated code errors or service failures have limited financial recourse against the company under these terms.
The agreement limits Tabnine's aggregate liability to $100 or prior-year payments for all claims; for enterprise users deploying AI-generated code in production systems, this cap may be materially inadequate relative to potential losses from code defects or service failures.
ConductAtlas has identified this type of provision across 266 platforms. See the full comparison.
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