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.
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.
How other platforms handle this
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WHATNOT NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORT...
In no event will either party's aggregate liability arising out of or related to this Agreement exceed the total fees paid or payable by Customer in the twelve (12) months preceding the claim. In no event will either party be liable for any indirect, incidental, special, consequential, or punitive d...
Except as stated in Section L.3.b, the liability of each party, and its affiliates and licensors, for any damages arising out of or related to these Terms (i) excludes damages that are consequential, incidental, special, indirect, or exemplary damages, including lost profits, business, contracts, re...
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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.
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