HOVER TERMS OF USE

Revised: September 4, 2015

By downloading and/or using the Software and Services, you accept and agree to comply with these Terms of Use, which will govern your use of the Software and Services. THESE TERMS OF USE CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND HOVER. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, DO NOT DOWNLOAD THE HOVER APP OR DO NOT USE THE SOFTWARE AND SERVICES.

1. AGREEMENT BETWEEN YOU AND HOVER; CERTAIN DEFINITIONS

The following words have the following meanings: "Hover" means Hover Inc., a Delaware corporation; "Hover App" means the mobile application which you download to your mobile device and use to collect Images and view Property Models, which also includes all Sponsored Apps; "Hover Deliverables" means the Property Models, Property Reports and any estimates, measurements, reports, models, renderings, analytics and all products and services related thereto which ordered by or otherwise made available to you; "Hover Software" means the Hover App, the Web App and related software; "Hover Web App" means the web application you use to view and manage the Deliverables generated through the use of the Software and Services; "Hover Websites" means all properties (mobile, Web or otherwise) owned and operated by Hover); "Images" means the photos, images and other data you submit or otherwise provide to Hover in connection with your use of the Software and Services; "Property Information" means Registration Information, Images, Property Models, Property Reports and the information contained therein; "Property Models" means Hover’s 3D reconstruction and associated measurements of homeowner properties, generated through the use of the Hover Software and production process; "Property Report" means the digital and hard copy structure and measurement report of the subject property identifying specified lines and measurements; "Registration Information" means your email address or other login information that is provided upon registration when you create your user account and any additional contact information submitted in connection with a request for an estimate or otherwise through the Hover App; "Service Provider" means a professional contractor or dealer who downloads and uses either the Hover App or a Sponsored App to obtain Property Information in respect of persons and properties other than their own; "Software and Services" means collectively, the Hover Websites, the Hover Software and the Hover Deliverables; "Sponsor" means a Hover licensee who has contracted with Hover to deploy a Sponsored App; "Sponsored App" means the Hover App branded, distributed and maintained for a Sponsor.

2. REQUIREMENTS OF THE HOVER APP

The Hover App is only compatible with those smartphones and operating systems identified and certified by Hover from time to time. The use of the Hover App requires and utilizes internet connectivity and data. Carrier and provider rates for data may apply and you are responsible for any such charges. Use of the Hover App could result in significant data usage. The functional use of the Hover App and the production of Property Reports and other Hover Deliverables may be dependent on the data related to geographic location and geo-positional data, and you acknowledge and agrees that any failure to provide (or make accessible) that data may limit the functionality of the Hover App and the generation of Property Reports and other Hover Deliverables. The Software and Services are dependent on the accuracy of the images submitted, in the format, number, location, clarity and sequence required by the Hover App and the other data and information required by the Hover App. You acknowledge and agree that any failure to properly provide such images, data and information may limit or prevent the functionality of the Hover App and the ability of Hover to deliver Property Reports and other Hover Deliverables.

3. SPONSORED APPS; USE

If you are downloading and/or using a Sponsored App, these Terms of Use shall still be applicable and constitute a legal agreement between you, Hover and the applicable Sponsor. Each Sponsor and its subsidiaries are third-party beneficiaries of these Terms of Use, and have the right (and shall be deemed to have accepted the right) to enforce these Terms of Use against you. Additionally, any Property Information provided through the Sponsored App, as well as any Hover Deliverables ordered by or provided to you, may be made available to Hover as well as the applicable Sponsor, its affiliates and its Service Providers for use in accordance with Hover’s and the applicable Sponsor’s published Privacy Policies and for the following purposes:

  • process and manage your purchase and use of our products and services;
  • respond to your inquiries or requests;
  • create and deliver personalized promotions;
  • communicate with you by mail, telephone, facsimile, e-mail, mobile alerts, SMS text messaging or other reasonable means about Hover or the applicable Sponsor and its affiliates;
  • communicate with you, including by mail, telephone, facsimile, e-mail, mobile alerts, SMS text messaging or other reasonable means in connection with Hover or the applicable Sponsor and its affiliates marketing efforts; and
  • further Hover or the applicable Sponsor and it affiliates business purposes, such as to perform data analysis, audits, fraud monitoring and prevention, to enhance, improve or modify the services, to identify usage trends, determine the effectiveness of promotional campaigns and to operate and expand business activities.

4. NOTICE AS TO INFORMATION SHARING

IF YOU HAVE DOWNLOADED AND/OR ARE USING THE HOVER APP, YOU HEREBY AGREE THAT ALL PROPERTY INFORMATION MAY BE MADE AVAILABLE TO SPONSORS, THEIR AFFILIATES AND/OR APPLICABLE SERVICE PROVIDERS. YOU UNDERSTAND AND AGREE THAT YOU MAY BE CONTACTED BY SUCH SPONSORS OR THEIR AFFILIATES OR SERVICE PROVIDERS FOR BUSINESS AND MARKETING PURPOSES. IF YOU DO NOT AGREE TO THE SHARING OF YOUR PROPERTY INFORMATION OR DO NOT WISH TO BE CONTACTED BY SPONSORS OR THEIR AFFILIATES OR SERVICE PROVIDERS, DO NOT DOWNLOAD OR REGISTER TO USE THE HOVER APP.

IF AT ANY TIME YOU DESIRE FOR HOVER NOT TO SHARE YOUR PROPERTY INFORMATION WITH ANY SPONSOR, SPONSOR AFFILIATE, SERVICE PROVIDER OR OTHERWISE, YOU CAN OPT-OUT BY EMAILING HOVER AT OPTOUT@HOVER.TO.

IF YOU ARE A SERVICE PROVIDER WHO HAS DOWNLOADED AND/OR IS USING A SPONSORED APP, YOU ALSO HEREBY ACKNOWLEDGE AND CONSENT TO THE SPONSOR’S ABILITY TO ACCESS, DISCLOSE, RESTRICT, MONITOR, COMPILE INFORMATION AND GENERATE REPORTS FROM YOUR USE OF THE SPONSORED APP AND THE SOFTWARE AND SERVICES.

5. RIGHT TO USE THE SOFTWARE AND SERVICES

Hover grants to you a non-exclusive, revocable, non-transferable license to use the Software and Services that have been purchased by or made available to you solely in accordance with these Terms of Use. The Software and Services have been licensed, not sold, to you. Hover retains all rights in and to the Software and Services. Other than the limited license granted, you have no other right, title or interest in the Software and Services. You shall not: (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Hover Software; (ii) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Software and Services; (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Hover or its affiliates, partners, suppliers or the licensors of the Software and Services, or otherwise obscure or modify the manner in which the Software and Services are displayed; or (v) reverse engineer or copy any ideas, features, functions or graphics of the Hover Software or build a competitive product or service using similar ideas, features, functions or graphics of the Software and Services. You may not use the Software and Services, or use any process to use or compile any information, data or images contained therein in a manner that it can be used by or will become usable as a product or service for any other offering taking advantage of or exploiting in any way such information, data or images or the Software and Services.

6. NO UNLAWFUL OR PROHIBITED USE

(a) As a condition of your use of the Software and Services, you warrant to Hover that you will not use the Software and Services for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Software and Services in any manner which could damage, disable, overburden, or impair the Hover Website or Hover Software or interfere with any other party's use and enjoyment of the Software and Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Software and Services.

(b) You agree not to use the Software and Services in any way that harms Hover, its Sponsors, its Sponsors affiliates, its partners, affiliates, suppliers or any other user. You agree not to impersonate another person or misrepresent your affiliation with a Sponsor or another person or entity. Except as expressly stated herein, these Terms of Use do not provide you a license to use, reproduce, distribute, resell, display or provide access to any portion of the Software and Services to any third party, on third-party Web sites or otherwise.

7. RIGHTS AND RESPONSIBILITIES FOR IMAGES AND ACCOUNTS

(a) You hereby acknowledge and agree that any Images may be viewed by the general public and will not be treated as private, proprietary or confidential. By submitting or providing any Images to Hover through the Hover App, you represent and warrant to Hover that you own or have all necessary rights to submit and provide the Images, and grant to Hover the license and rights granted herein. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted herein in relation to any Images and intellectual property pictured in any Images that you submit or provide. In addition, if you provide any Images that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.

(b) You hereby grant to Hover and its affiliates, licensees and sub-licensees, without compensation to you or others, a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Images throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Images, and such license may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Images submitted by you. For each Image, you agree to provide accurate and complete information and represent that you have all rights necessary to grant Hover the license and rights in this paragraph. You are solely responsible for all Images submitted to Hover through your Hover user account or that you otherwise make available through the Software and Services.

(c) You may not share your Hover user account with others. You are responsible for all actions taken via your account. Certain Hover functionalities may involve the distribution of your Images or other Hover Deliverables to third parties or third party Websites over which Hover has no control. Hover is not responsible for and makes no warranties or representations pertaining to these third parties or third party Websites. You are responsible for ensuring that your Images comply with the terms of use associated with any such third party Website and you understand that your Images and your use of a third party Website will be treated in accordance with that third party Website's own privacy policy.

(d) You agree to indemnify, defend and hold Hover, any Sponsor, any Sponsor affiliate and any Service Provider (including their assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of any thereof) free and harmless from and against any liability, loss, injury, demand, action, cost, expense, or claim of any kind or character, arising out of or in connection with any breach of these Terms of Use and use or possession by you of the Hover Software and Services.

8. RIGHTS AND RESPONSIBILITIES OF SERVICE PROVIDERS

If you are a Service Provider or Sponsor affiliate, you hereby (a) agree that you will procure the consent of the owner or legal resident of the structure, location or premises (a “Subject Property”) to use the Hover App and photograph the Subject Property with the understanding that such Property Information may be viewed by the general public and will not be treated as private, proprietary or confidential, (b) represent and warrant to Hover that you have the right, title and authority to provide such Images to Hover for the purpose of generating Property Models and using the Images and geospatial and other metadata embedded in the Images for the purposes authorized by these Terms of Use, (c) agree to use all Property Information and other information provided to you in connection with these Terms of Use only (i) for sales of your company’s products, (ii) in connection with your own business and not for resale to or reuse by or on behalf of any third party and (iii) in compliance with applicable laws, including without limitation, the Telemarketing Sales Rule (as amended), the Telephone Consumer Protection Act of 1991 and the CAN­SPAM Act of 2003, and (d) agree to indemnify Hover against all actions, claims or damages incurred by Hover in connection with or as a result of a breach of any of your agreements and representations contained herein.

9. FREE, PROMOTIONAL OR BETA TEST ACCOUNTS

Hover has the right, in its sole and absolute discretion, to not produce any Hover Deliverables for you if you have not otherwise paid Hover for such Hover Deliverables. If Hover does agree to produce Hover Deliverables at no charge or for a limited time promotion, each user account shall be limited to the number of Hover Deliverables as determined by Hover from time to time. Hover reserves the right to charge a fee for the production of any subsequent Hover Deliverables for any user account.

10. UNAUTHORIZED ACCESS.

You are solely responsible for, and Hover will bear no responsibility for, unauthorized access to or use of the Hover App by any other person. Hover shall be entitled to rely on your username and password to determine whether you are an authorized user and liable to pay any fees associated with orders for Property Reports or other Hover Deliverables.

11. FEES.

The fees and other charges, if any, for the Software and Services and any Hover Deliverables are set forth on the order form or page on which you purchased such products and services (the “Order Documentation”). The fees set forth on the Order Documentation are exclusive of all federal, state, municipal, or other government excise, sales, use, value-added, gross receipts, personal property, occupational, or other taxes now in force or enacted in the future, and you shall pay any such tax (excluding taxes on Hover’s net income) that Hover may be required to collect or pay now or at any time in the future with respect to such fees. Payment of the amounts due to Hover shall be made in accordance with the payment method and credit terms set forth on the Order Documentation. If you have provided a credit card to Hover, you authorize Hover to charge your credit card with the amount of any purchase of Software or Services or Hover Deliverables. The amount paid in respect of any Software and Services or Hover Deliverables is non-refundable and the Software and Services and Hover Deliverables are non-returnable. Any amount not paid within thirty (30) days following Hover’s invoice shall bear a finance charge at the rate of 1½% per month.

12. PRODUCTION AND DELIVERY OF HOVER DELIVERABLES.

Hover does not guarantee the production and delivery of Property Reports. If Hover is unable to produce a Property Report due to your failure to submit the required Images, data or other required information, or for any other reason, you will receive an email stating that your order cannot be processed and you will not be charged for your order. Once a Property Report is successfully produced, you will be charged for the order at the time the Property Report is delivered to you.

A link to any Hover Deliverables ordered by you shall be emailed to you upon completion. Property Reports shall be delivered through the Hover App, by email in PDF format and if you are licensed to use the Hover Web App, will also be available through the Hover Web App. Other Hover Deliverables will be made available either in the Hover App, by email or through the Web App or all of the foregoing.

13. LINKS TO THIRD PARTY SITES

The Hover Website and Hover Software may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of Hover and Hover is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Hover is not responsible for webcasting or any other form of transmission received from any Linked Site. Hover is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hover of the site or any association with its operators.

14. INTELLECTUAL PROPERTY

The Software and Services, including all Property Reports and other Hover Deliverables, are the property of Hover, and subject to the copyright and other intellectual property rights of Hover and its licensors. ©2015 Hover Inc. All rights reserved. Hover is a trademark of Hover in the United States and/or other countries. The names of actual companies, products, and services mentioned herein or provided or offered as a result of the Software or Services may be the trademarks of their respective owners, including but not limited to the applicable Sponsor or its affiliates. Any rights not expressly granted herein are reserved.

15. NO WARRANTY; LIABILITY DISCLAIMER

HOVER, OUR SPONSORS, OUR SPONSORS AFFILIATES AND ANY SERVICE PROVDERS MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) RELATING TO (1) ANY RECOMMENDATIONS/REFERRALS PROVIDED TO YOU VIA THE SOFTWARE AND SERVICES AND (2) ANY PRODUCTS OR SERVICES PROVIDED BY HOVER OR ANY OF THE SPONSORS, SPONSORS AFFILIATES OR SERVICE PROVIDERS.

THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS," AND YOU AGREE TO USE THEM AT YOUR OWN RISK. HOVER, OUR SPONSORS, OUR SPONSORS AFFILIATES AND ANY SERVICE PROVDERS MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, CONTENT, QUALITY, ACCURACY, COMPLETENESS, EFFECTIVENESS, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, USEFULNESS, USE OR RESULTS TO BE OBTAINED FROM THE SOFTWARE AND SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION CONTAINED IN OR GENERATED BY THE HOVER SOFTWARE OR CONTAINED IN ANY PROPERTY MODELS, PROPERTY REPORTS AND OTHER HOVER DELIVERABLES. HOVER (INCLUDING ITS SPONSORS, SPONSORS AFFILIATES, ASSIGNEES, SUBSIDIARIES, AFFILIATES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND REPRESENTATIVES) SHALL NOT BE LIABLE TO YOU IN RESPECT TO ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION, ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE SOFTWARE AND SERVICES, OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SOFTWARE AND SERVICES, ANY DEFECT OR ERROR IN THE SOFTWARE AND SERVICES, OR ANY BREACH OF THESE TERMS AND CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY.

IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST HOVER OR ITS SPONSORS WITH RESPECT TO THESE TERMS OF USE OR THE SOFTWARE AND SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOFTWARE AND SERVICES AND THE HOVER DELIVERABLES. IN THE EVENT OF A MATERIAL ERROR IN ANY PROPERTY MODEL, PROPERTY REPORT OR OTHER HOVER DELIVERABLE, YOUR SOLE REMEDY WILL BE A REFUND OF THE FEES PAID (IF ANY) TO OBTAIN THE PROPERTY MODEL, PROPERTY REPORT OR OTHER HOVER DELIVERABLE.

16. TERMINATION/ACCESS RESTRICTION

Hover reserves the right, in its sole discretion, to terminate your access to the Software and Services or any portion thereof at any time, without notice.

17. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

We will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act ("DMCA"). In response to a valid notice (as described below) we will remove any allegedly infringing Images or other content ("Content"). On taking down Content under the DMCA, we will take reasonable steps to contact the provider of the removed Images and Content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the Content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. Our Privacy Policy does not protect information provided in these notices. We have no obligation to investigate, resolve or adjudicate disputes with respect to alleged infringement, and have no obligation to continue to display any allegedly infringing Content until such disputes are resolved in a court of competent jurisdiction. Each DMCA notice must contain, at minimum, substantially the following information: (i) identification in sufficient detail of the copyrighted work that you believe has been infringed upon (i.e., describe the work that you own), (ii) identification of the Content that you claim is infringing on your copyright; (iii) a reasonably sufficient method of contacting you (telephone number and email address would be preferred); (iv) a statement that you have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law; and (v) a statement that you swear, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. A DMCA notice may also include information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. The copyright owner or an individual authorized to act on the owner’s behalf must sign the DMCA notice either electronically or manually. You may send such notices to:

HOVER – Copyright Notices

945 Bryant Street, Suite 300
San Francisco, CA 94103

The DMCA provides that you may be liable for damages (including costs and attorney’s fees) if you falsely claim that Content is infringing your copyrights. We recommend contacting an attorney if you are unsure whether any Content is protected by copyright laws.

18. GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Francisco County, California, U.S.A. in all disputes arising out of or relating to the use of the Software and Services. Use of the Software and Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hover as a result of this agreement or use of the Software and Services. Hover's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hover's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Software and Services or information provided to or gathered by Hover with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Hover with respect to the Software and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hover with respect to the Software and Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

19. TERMS REQUIRED BY APPLE INC.

These Terms of Use are between you and Hover only, and not with Apple. (a) Hover is solely responsible for the Hover App. (b) your use of the Software must comply with the Usage Rules set forth in the Apple App Store Terms of Use. (c) Hover is solely responsible for providing and Apple has no obligation to provide maintenance and support for the Hover App. Support requests, as well as questions, complaints or claims regarding the Hover App, may be directed to support@hover.to. (d) In the event of any failure of the Hover App to comply with the warranty in these Terms of Use, you may notify Apple, and Apple will refund the purchase price for the Hover App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Hover App, and will not be liable for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. Hover shall not be required to provide a refund to you under any circumstances. (e) Apple shall not be responsible for addressing any claims by you or any third party relating to the Hover App or your possession and/or use of the Hover App, including but not limited to (i) product liability claims, (ii) any claim that the Software and Services fails to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation. (f) Apple shall not be responsible for the investigation, defense, settlement or discharge of any claim that the Hover App, or your possession and use of the Hover App, infringes a third party's intellectual property rights. (g) You represent and warrant that (i) the Hover App will not be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a "terrorist-supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. (h) Hover’s address is: 945 Bryant Street, Suite 300, San Francisco, California 94103. (i) Notwithstanding anything to the contrary in these Terms of Use, Apple and its subsidiaries are third-party beneficiaries of these Terms of Use, and have the right (and shall be deemed to have accepted the right) to enforce these Terms of Use against you.

20. MODIFICATION OF THESE TERMS OF USE

Hover reserves the right to change these Terms of Use and the terms, conditions, and notices under which the Software and Services are offered, including but not limited to the charges associated with the use of the Software and Services.