Provision record
Tabnine · Tabnine Terms of Use · View original document ↗

Aggregate Liability Cap ($100)

High severity Common · 287 of 352 platforms
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Document Record

What it is

If Tabnine causes you harm — including through data loss, service failure, or AI errors — the most money you can ever recover from them is either what you paid them in the last year, or $100, whichever is more.

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

The liability cap restricts the scope of financial remedies available through claims related to service use, establishing a defined ceiling for potential damages recovery regardless of the nature or extent of alleged harm. This provision defines the outer boundary of Tabnine's financial exposure under the agreement.

Consumer impact (what this means for users)

This cap means that even if Tabnine's AI causes you significant financial or legal harm — for example, by generating infringing code that results in a lawsuit — you can recover at most $100 if you are a free user, creating a severe imbalance of risk between you and the company.

How other platforms handle this

ActiveCampaign Medium

If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.

Leonardo AI Medium

A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...

Netflix Medium

The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF TABNINE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO TABNINE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

Excerpt from Tabnine's Terms of Use

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

REGULATORY FRAMEWORK: This provision implicates consumer protection law under FTC Act Section 5 (unfair practices), state consumer protection statutes (e.g., California Consumer Legal Remedies Act, CLRA), and potentially GDPR Art.

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →
  • State Attorney General
    State AGs in California, New York, Texas, and other states can investigate violations of state consumer protection and privacy laws, including CCPA (California), SHIELD Act (New York), and equivalents.
    Who can file: Residents of states with comprehensive privacy laws — primarily California, Virginia, Colorado, Connecticut, and Utah
    What you need: Evidence of the violation, explanation of how your state rights were affected, and your account or contact information with the company
    What to expect: Outcomes vary by state. May result in investigation, enforcement action, or requirement for the company to change practices. No direct individual compensation in most cases.

    Search "[your state] attorney general consumer complaint" to find your state's direct complaint form

Applicable regulations

EU AI Act - High Risk Provisions
EU
FTC Act Section 5
United States Federal

Provision details

Document information
Document
Tabnine Terms of Use
Entity
Tabnine
Document last updated
May 5, 2026
Tracking information
First tracked
April 30, 2026
Last verified
April 30, 2026
Record ID
CA-P-004137
Document ID
CA-D-00489
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
d53aea8409597898f8a7268061a9cdae6b8d4af083eecee2b2fc3108a92e87a9
Analysis generated
April 30, 2026 06:29 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Tabnine
Document: Tabnine Terms of Use
Record ID: CA-P-004137
Captured: 2026-04-30 06:29:45 UTC
SHA-256: d53aea8409597898…
URL: https://conductatlas.com/platform/tabnine/tabnine-terms-of-use/provision/CA-P-004137/aggregate-liability-cap-100/
Accessed: Sept. 15, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Tabnine's Aggregate Liability Cap ($100) clause do?

The liability cap restricts the scope of financial remedies available through claims related to service use, establishing a defined ceiling for potential damages recovery regardless of the nature or extent of alleged harm. This provision defines the outer boundary of Tabnine's financial exposure under the agreement.

How does this clause affect you?

This cap means that even if Tabnine's AI causes you significant financial or legal harm — for example, by generating infringing code that results in a lawsuit — you can recover at most $100 if you are a free user, creating a severe imbalance of risk between you and the company.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.

Is ConductAtlas affiliated with Tabnine?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Tabnine.