Terms of Service

1. Who we are and how these Terms apply

These Terms of Service (the “Terms”) are a binding agreement between you and Distrib by Yamka LLP, a limited liability partnership registered in the Republic of Kazakhstan, BIN 260840024988 (“SameSet”, “we”, “us”, “our”). They govern your access to and use of the SameSet application for macOS and Windows, the SameSet Remote Script for Ableton Live, the website sameset.app, our servers and all related services (together, the “Service”).

By downloading, installing or using the Service, creating an account, joining a room or purchasing a plan, you confirm that you have read, understood and agree to these Terms and to our Privacy Policy and Refund Policy, which form part of these Terms. If you do not agree, do not use the Service.

If you use the Service on behalf of a company, band, school or other organisation, you confirm that you are authorised to accept these Terms on its behalf, and “you” includes that organisation.

Company details: Distrib by Yamka LLP (TOO «Distrib by Yamka»), a limited liability partnership registered in the Republic of Kazakhstan. Business Identification Number (BIN): 260840024988. Registered address: 28 Zhuravleva St., building 3, apt. 334, floor 12, Almaty, Republic of Kazakhstan. Director: Vladimir Orekhov. Email: [email protected].

2. Definitions

• “Account” — your SameSet account, created in the app with your display name and a confirmed email address.
• “Room” — a shared online space for one project, identified by a room code.
• “Host” — the person who creates a Room and whose plan limits apply to it.
• “Collaborator” — a person who joins a Room with the collaborator code and can edit the project.
• “Viewer” — a person who joins a Room with the viewer code and can only watch and listen.
• “Session” — the period during which a Room is open and in use.
• “Content” — anything you or other participants send through the Service: Ableton Live sets, audio files, samples, plugin presets, MIDI, edits, names and messages.
• “Plan” — the Free plan or a paid subscription (Duo, Pro or Studio) with the limits described on our pricing page.

3. Eligibility

You must be at least 16 years old, or the minimum age of digital consent in your country if higher, to use the Service. If you are under 18 (or the age of majority where you live), you may use the Service only with the involvement and consent of a parent or legal guardian, who agrees to these Terms on your behalf.

You may not use the Service if you are barred from receiving it under applicable law, including export control and sanctions laws, or if we have previously terminated your Account for a breach of these Terms.

4. Your Account and its security

To use SameSet you must confirm an email address that belongs to you and can receive mail, by entering a one-time code we send to it. Temporary or disposable email addresses are not accepted, and we may refuse addresses on domains that cannot receive mail. One email address belongs to one Account; entering it on another Mac signs that Mac in to the same Account.

A secret login token is stored on each Mac signed in to your Account; we keep only cryptographic hashes of the tokens. Anyone with access to your Mac user account or to your email inbox may be able to use your SameSet Account, so keep both secure.

You are responsible for keeping your device and macOS user account secure, for all activity under your Account and in Rooms you host, and for choosing a display name that does not impersonate anyone or infringe anyone’s rights.

Tell us immediately at [email protected] if you believe your Account has been used without permission. You may not sell, transfer or share your Account, or create multiple free Accounts to get around plan limits.

5. The Service

SameSet synchronises changes between copies of the same Ableton Live project on different computers. Some changes are sent in real time, others (for example plugin presets, groups and automation) after a participant saves the project.

To use the Service you need a supported Mac, a licensed copy of Ableton Live 12, a stable internet connection and, for each participant, legally obtained copies of the plugins used in the project. Ableton Live, third-party plugins, sample libraries and your internet access are not part of the Service and are governed by their own licences and terms.

SameSet is currently a beta. Features may change or be removed without notice, and the Service may contain bugs, stop working, lose synchronised changes or leave a project in an unexpected state. Before working on an important project in SameSet, make your own copy of it (for example File → Collect All and Save into a separate folder), and keep regular backups. Beta access and any plan provided with it may be limited, changed or ended at any time.

SameSet is a collaboration tool, not a storage, backup or version-control service. Synchronisation depends on the network, on Ableton Live and on third-party software, and may be delayed, incomplete or result in conflicting changes, including one participant’s change overwriting another’s.

We continuously improve the Service and may add, change or remove features, limits and supported versions of macOS or Ableton Live. Features described as beta, preview or experimental are provided for testing and may be changed or withdrawn at any time.

6. Rooms, codes and other participants

Access to a Room is controlled by its codes. Anyone who has a collaborator code can join and edit the project, and anyone who has a viewer code can watch and listen. Share codes only with people you trust. The Host can end the Session at any time.

When you join a Room, the project, its audio files, samples and presets are downloaded to your Mac and opened in Ableton Live. Content comes from other participants, not from us. We do not review or scan it. Projects can contain devices that run code, such as Max for Live devices, and files may be damaged or unsuitable. Open projects only from people you trust.

Participants can see each other’s display names, roles, which track each person is working on, connection quality and all edits made in the Room.

Copies of a project downloaded by participants stay on their computers after the Session. They are outside our control and we cannot delete them. Agreements between collaborators about ownership, credits, royalties and use of a shared work are solely between you and them.

7. We do not store your projects

SameSet is designed so that nothing stays on our servers longer than needed to deliver it to the people in your Room:

• project files, audio, samples and presets are transferred over an encrypted connection and held on our server in the European Union only while the Room is in use;
• when the Host ends the Session, the Room, its files and its edit history are deleted automatically within about 10 minutes;
• if a Room is left without activity, it is deleted automatically together with all its files and history 24 hours after the last activity;
• deletion runs automatically at least once an hour and is permanent — deleted Content cannot be recovered by us or by you;
• incomplete uploads are deleted within 6 hours.

Identical files are stored once and shared between Rooms that are open at the same time; a file is deleted when no open Room needs it any more. We do not keep backups of Content.

You are solely responsible for keeping your own copies and backups of your projects and files. We are not liable for loss of Content that has been deleted as described in this section, or that was changed or removed by another participant.

8. Your Content and the licence you give us

You and the other rights holders keep all rights, title and interest in your Content. We do not claim ownership of your music.

You grant us a worldwide, non-exclusive, royalty-free, temporary licence to host, copy, transmit, process and display your Content solely to operate the Service for you and the participants of your Rooms — for example, to send your edits and files to other participants. This licence ends when the Content is deleted from our servers under section 7.

We do not listen to, analyse, sell or license your Content, and we do not use it to train machine-learning or artificial-intelligence models.

If you send us feedback or suggestions, we may use them without any obligation to you.

9. Your responsibility for Content

You confirm that you own or have all rights, licences and permissions needed to share your Content through the Service and to let other participants receive and use it. This includes samples, loops, sample-pack material, recordings of other performers, plugin presets and any third-party material. Many sample packs and presets may be used in your own productions but may not be redistributed — sharing them may breach their licence.

You must not share Content that:

• infringes copyright, trademarks or other intellectual-property, privacy or publicity rights;
• is unlawful, defamatory, hateful, harassing or sexually exploits minors;
• contains malware, viruses or code intended to damage or take control of other participants’ computers;
• you are prohibited from sharing by contract or law.

10. Copyright complaints

We respect intellectual-property rights. If you believe Content transmitted through the Service infringes your copyright, write to [email protected] with: your name and contact details; a description of the work; information that allows us to identify the Room or Content (for example a room code); a statement that you have a good-faith belief the use is not authorised; and a statement, under penalty of perjury where applicable, that the information is accurate and that you are the rights holder or authorised to act for them.

Because Content is deleted automatically after the Session, it may no longer exist when we receive a complaint. We may end Rooms, remove Content and suspend or terminate the Accounts of users who repeatedly infringe the rights of others. If you believe Content was removed by mistake, you may send us a counter-notice with the same details.

11. Acceptable use

You agree not to, and not to help anyone else to:

• access or attempt to access Rooms, Accounts or data you are not authorised to access, including by guessing room codes;
• probe, scan or test the vulnerability of the Service, or breach or circumvent security, authentication, rate limits or plan limits, except as part of a responsible disclosure agreed with us in advance;
• interfere with or disrupt the Service, its servers or networks, or place an unreasonable load on them, including by automated means, bots or scripts not provided by us;
• copy, modify, decompile, reverse engineer or create derivative works of the Service, except to the extent such restrictions are prohibited by law;
• resell, sublicense, rent or provide the Service to third parties as a hosting or collaboration service;
• use the Service to build a competing product or for any unlawful, fraudulent or harmful purpose;
• harass, threaten or abuse other participants, or impersonate any person or organisation.

If you discover a security vulnerability, please report it privately to [email protected] and give us reasonable time to fix it before disclosing it.

12. Plans, prices and payment

The Free plan is provided at no charge. Paid plans are subscriptions billed in advance, monthly or yearly. Current prices, limits and yearly discounts are shown on sameset.app/pricing and in the app. Prices are in US dollars and include applicable taxes (VAT or sales tax).

Some plans may include a free trial; its length is shown at checkout. A payment method is required, and the subscription is charged automatically when the trial ends unless you cancel before then. A free trial is available once per person: accounts, email addresses, devices and payment methods that were already used for a trial or a subscription don’t get another one. If a trial is started in breach of this rule, we may cancel it immediately without charge.

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. When you buy a plan, you buy it from Paddle, and Paddle’s Buyer Terms and privacy policy apply to the purchase. Paddle calculates and collects applicable sales tax and VAT.

Plan limits apply to Rooms you host: the number of Collaborators and Viewers per Room, hours of use per billing period and the total size of projects in your open Rooms. Hours are counted only while more than one person is in a Room. Unused hours do not carry over to the next period and have no cash value. When hours run out, synchronisation in your Rooms pauses until the next period or until you change your plan.

“Unlimited” hours on the Studio plan are intended for normal human collaboration and are subject to section 11. We may contact you, and if necessary limit use, where usage is automated or significantly exceeds what is typical for studio work.

13. Renewal, changes and cancellation

Subscriptions renew automatically at the end of each billing period for the same length of time, and Paddle charges the payment method on file, until you cancel. You can cancel at any time in SameSet → Account → Manage subscription, through the link in your Paddle receipt, or by writing to us. Cancellation takes effect at the end of the current billing period; you keep your plan until then.

When you change plans, the new plan applies immediately. Paddle calculates the prorated difference for the rest of the current period: it charges you for an upgrade or keeps a credit towards your future payments for a downgrade.

If a payment fails, Paddle may retry it. If payment is not completed, your Account returns to the Free plan.

We may change prices or plan limits for future billing periods. We will notify you at least 30 days in advance by email or in the app. The change applies from your next renewal after the notice period; if you do not agree, you can cancel before it takes effect.

Refunds are described in our Refund Policy.

14. Software, updates and licence to use the app

Subject to these Terms, we grant you a personal, revocable, non-exclusive, non-transferable licence to install and use the SameSet app and Remote Script on Macs you own or control, solely to use the Service.

The app checks for and installs updates automatically. Updates are digitally signed and verified before installation. You agree to receive updates; older versions may stop working with the Service.

The app includes open-source components, including a Python runtime, which are licensed under their own licences.

15. Third-party services and trademarks

The Service relies on third parties, including Paddle (payments), Hetzner (servers in the European Union), Cloudflare (website delivery, security and email routing), Google Fonts (website fonts), Let’s Encrypt (certificates) and Apple (macOS notifications). We are not responsible for third-party services, which are governed by their own terms.

Ableton and Live are trademarks of Ableton AG. SameSet is an independent product and is not affiliated with, endorsed or sponsored by Ableton AG. Mac and macOS are trademarks of Apple Inc. All other trademarks belong to their respective owners.

16. Suspension and termination

You may stop using the Service at any time by uninstalling the app. To delete your Account, write to [email protected] from any email address and include your account ID (shown in SameSet → Account); cancel any paid subscription first.

We may suspend or terminate your access, end Rooms or remove Content, with or without notice, if you breach these Terms, if required by law, if your use creates a security or legal risk, or if your Account has been inactive for more than 24 months. Where reasonable we will tell you why. If we terminate a paid plan without cause, we will refund the unused part of the prepaid period.

Sections that by their nature should survive termination — including 7 to 10, 17 to 21 and 23 — survive.

17. Disclaimers

The Service is provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Service will be uninterrupted, secure, error-free, compatible with your software or plugins, or that synchronisation will be complete, timely or free of conflicts.

We are not responsible for the conduct of other participants, for Content they share, or for loss or corruption of projects, files or data. Keep your own backups.

Nothing in these Terms limits rights you have as a consumer that cannot be limited or excluded under the law of your country of residence.

18. Limitation of liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, opportunity, data, projects, recordings or other intangible losses, arising out of or related to the Service, even if we were advised of the possibility of such damages.

To the maximum extent permitted by law, our total liability for all claims arising out of or related to these Terms or the Service is limited to the greater of (a) the amounts you paid for the Service in the 12 months before the event giving rise to the claim, and (b) USD 50.

These limitations do not apply to liability that cannot be limited by law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for intentional misconduct or gross negligence.

19. Indemnity

To the extent permitted by law, you agree to indemnify and hold us harmless from claims, damages, losses and expenses (including reasonable legal fees) brought by third parties arising from Content you share, your breach of these Terms or your violation of any law or third-party rights. This section does not apply to consumers where such indemnities are not permitted.

20. Governing law and disputes

These Terms are governed by the laws of the Republic of Kazakhstan, without regard to conflict-of-laws rules. If you are a consumer, you also keep the protection of the mandatory provisions of the law of your country of residence.

Before starting any formal proceedings, please contact us at [email protected] so that we can try to resolve the dispute informally within 30 days. Subject to the previous paragraph, disputes will be resolved by the competent courts of the Republic of Kazakhstan; consumers may also bring proceedings in the courts of their country of residence where the law gives them that right.

Disputes about payments, billing and refunds may also be raised with Paddle as the Merchant of Record.

21. Export controls and sanctions

You may not use or export the Service in violation of applicable export control or sanctions laws. Paddle may be unable to accept payments from certain countries, in which case paid plans are not available there.

22. Changes to these Terms

We may update these Terms from time to time. We will post the updated version on this page and change the “Last updated” date. If a change materially affects your rights, we will notify you in the app or by email at least 14 days before it takes effect, unless the change is required by law or addresses security. If you continue to use the Service after the change takes effect, you accept the updated Terms; if you do not agree, stop using the Service and cancel your subscription.

23. General

These Terms, together with the Privacy Policy and Refund Policy, are the entire agreement between you and us about the Service. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets, with notice to you. Neither party is liable for delays caused by events beyond its reasonable control.

We may communicate with you in the app, by email or on this website, and these communications satisfy any requirement that notices be in writing. These Terms are written in English; translations are provided for convenience, and the English version prevails in case of conflict.

Parts of the SameSet app, website and these documents were prepared with the help of AI tools and reviewed by us.

24. Contact

Questions about these Terms: [email protected]. Billing questions for paid plans can also be sent to Paddle via paddle.net.