Terms of Service

Last updated March 14, 2025

Same Terms of Service

Welcome, and thank you for your interest in Million Software, Inc. ("Million Software," "we," or "us") and our website at www.same.dev and www.same.new, along with the Software (as defined below), our related websites, hosted applications or other downloadable applications, and other services provided by us (collectively, the "Service"). These Terms and Conditions, including Million Software's Privacy Policy (available at: https://same.new/privacy), (together, these "Terms") are a legally binding contract between you and Million Software regarding your use of the Service.

If you are using the Service in the course of your work for an entity or organization that has a master subscription agreement with Million Software in effect, then such master subscription agreement controls in the event of a conflict with these Terms.

Million Software Service Overview

Our Same platform offers a suite of coding tools driven by machine learning to help developers write code more easily and efficiently and can provide suggested code, outputs, or other functions.

1. Eligibility

You must be at least the age of majority in your jurisdiction (e.g., 18 years old in the United States) or 18 years old, whichever is higher. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old or the age of majority in your jurisdiction, whichever is higher; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

2. Accounts and Registration

To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at support@same.dev.

3. General Payment Terms

Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as required by law. The pricing and payment terms in this Section 4 are subject to any pricing and payment terms set forth in an Order Form.

3.1. Price

Million Software reserves the right to determine pricing for the Service. Million Software will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. Million Software may change the fees for any feature of the Service, including additional fees or charges, if Million Software gives you advance notice of changes before they apply through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on Million Software's net income. Million Software, at its sole discretion, may make promotional offers with different features and different pricing to any of Million Software's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

3.2. Payment Processing

Notwithstanding any amounts owed to Million Software hereunder, MILLION SOFTWARE DOES NOT DIRECTLY PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates ("Stripe"), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe's Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. Million Software assumes no liability or responsibility for any payments you make through the Service.

3.3. Subscription Service

The Service may include certain subscription-based plans with automatically recurring payments for periodic charges ("Subscription Service"). The "Subscription Billing Date" is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the "Initial Subscription Period"), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a "Subscription Period") unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize Million Software or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. For information on the "Subscription Fee", please see our pricing page. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Million Software or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Service by using the cancellation functionality made available in your billing menu or by contacting us at support@same.dev. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.

3.4. Delinquent Accounts

Million Software may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then Million Software reserves the right to delete your account and any information associated with your account without any liability to you.

4. Licenses

4.1. Limited License

Subject to your complete and ongoing compliance with these Terms, Million Software grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service.

4.2. License Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; (c) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, or underlying structure, ideas, know-how or algorithms relevant to the Service (except to the extent such restrictions are contrary to applicable law); (d) send or otherwise provide to Million Software data or information considered to be sensitive or otherwise subject to specific protections under applicable laws beyond any requirements that apply to "personal information" or "personal data" generally, such as for illustrative purposes, information that is regulated by the Health Information Portability and Accountability Act ("HIPAA"), the Payment Card Industry Data Security Standard ("PCI-DSS"), the Gramm-Leach-Bliley Act ("GLBA"), and other U.S. federal, state or foreign laws applying specific security standards; (e) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs through the Service; (f) use any spider, crawler, scraper or other automatic device, process or software that intercepts, mines, scrapes, extracts or otherwise accesses the Service to monitor, extract, copy or collect information or data from or through the Service; (g) remove any proprietary notices or labels displayed on the Service; (n) interfere with or circumvent any feature of the Service, including any security or access control mechanism; or (i) otherwise use the Service except as expressly permitted herein or. If you are prohibited under applicable law from using the Service, then you may not use it.

4.3. Feedback

We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service ("Feedback"), then you hereby grant Million Software an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

5. AI-Generated Content

5.1. Ownership of AI-Generated Content

The Service includes AI-powered features that generate code, text, and other content based on your inputs and instructions. You retain ownership of the specific outputs generated by the Service at your direction and for your use ("AI-Generated Content"), subject to Million Software's ownership of the Service, the underlying models, algorithms, and any pre-existing Million Software intellectual property incorporated into the AI-Generated Content.

5.2. License to Use Your Content

By submitting content, code, or other materials to the Service for processing, analysis, or to generate AI-Generated Content, you grant Million Software a worldwide, non-exclusive, royalty-free license to use, copy, modify, and otherwise exploit such content solely for the purposes of (a) providing, maintaining and improving the Service; (b) developing and training our machine learning models; and (c) internal research and development. Million Software will not use your proprietary code to train models that will be made available to other users or third parties without your explicit consent.

5.3. Responsibility for AI-Generated Content

You are solely responsible for reviewing, testing, and evaluating all AI-Generated Content before implementation or use. Million Software makes no representations or warranties about the quality, accuracy, or fitness for a particular purpose of any AI-Generated Content. You acknowledge that AI-Generated Content may not always be accurate, may contain bugs or errors, and may not be suitable for your intended use. You are responsible for ensuring that your use of AI-Generated Content complies with applicable laws and does not infringe any third-party rights.

6. Data Usage and Privacy

6.1. Data Collection

Million Software collects and processes certain information when you use the Service, including but not limited to: (a) account information; (b) usage data; (c) content you submit to the Service; (d) technical information about your devices and systems; and (e) other information as described in our Privacy Policy. By using the Service, you consent to our collection and processing of this information as described in these Terms and our Privacy Policy.

6.2. Data Security

Million Software implements reasonable security measures to protect your information from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the Internet or electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security. You are responsible for maintaining the confidentiality of your account credentials and for restricting access to your devices.

6.3. Data Retention

Million Software retains your information for as long as your account is active or as needed to provide you with the Service, comply with legal obligations, resolve disputes, and enforce our agreements. You may request deletion of your account and associated data by contacting us at support@same.dev. Please note that some information may be retained even after account deletion as required by law or for legitimate business purposes.

7. Intellectual Property

7.1. Million Software Intellectual Property

The Service, including its underlying technology, software, algorithms, machine learning models, user interface, design, text, graphics, logos, icons, and all other content, and all intellectual property rights therein, are owned by or licensed to Million Software. Nothing in these Terms grants you any right, title, or interest in or to the Service or any of Million Software's intellectual property rights, except for the limited license expressly set forth in these Terms.

7.2. Open Source Software

The Service may incorporate open source software components. Any use of such open source components is governed by the applicable open source licenses. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms of any applicable open source license. Upon request, Million Software will make available a list of open source components used in the Service and the corresponding open source licenses.

7.3. Third-Party Services and Content

The Service may display, include, or make available content from third parties ("Third-Party Content") or provide links to third-party websites or services ("Third-Party Services"). Such Third-Party Content and Third-Party Services are not under Million Software's control, and Million Software is not responsible for them. Your use of Third-Party Services may be subject to additional terms and conditions provided by the third party. Million Software provides access to Third-Party Content and Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations regarding them.

8. Termination

Million Software may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MILLION SOFTWARE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MILLION SOFTWARE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE.

10. Limitation of Liability

IN NO EVENT SHALL MILLION SOFTWARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MILLION SOFTWARE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.