End User License Agreement
The license terms for the MaintBlocks desktop application — what you can and can't do with it, and what happens when your subscription ends.
1. Agreement
This End User License Agreement (the "EULA") is a legal agreement between you (either an individual or, if you accept on behalf of an organization, that organization) and BuildITSmrt, LLC, a Wisconsin limited liability company ("BuildITSmrt," "we," "us," or "our"), governing the installation and use of the MaintBlocks desktop application — including the MaintBlocks.exe main application, the MaintBlocks.Sender.exe companion application, and any updates we make available (together, the "Software"). By installing, copying, or otherwise using the Software, you accept this EULA. If you do not accept it, do not install or use the Software.
This EULA covers the Software itself. Your use of the hosted backend (the customer dashboard at api.builditsmrt.com, the licensing API, and related cloud services) is governed by our Terms of Use, in particular Section 16. Our handling of personal information is described in our Privacy Policy, in particular Section 13.
2. License grant
Subject to your continued compliance with this EULA and to your organization having an active, paid-up subscription to MaintBlocks SaaS, BuildITSmrt grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to:
- Install and run the Software on Windows-based devices owned, leased, or administered by the organization that holds the active subscription
- Use the Software's bundled documentation in connection with the foregoing installations
- Make backup copies of the Software's installation bundle for your organization's internal continuity purposes
The number of concurrently enrolled devices permitted under the license is the seat cap on your subscription. Devices in excess of the seat cap will be refused enrollment by the licensing API.
3. Subscription dependency
The license in Section 2 is conditional on your subscription. The Software periodically validates a signed license token issued by the licensing API. If the token has been revoked or has expired and cannot be refreshed (because the subscription was canceled, payment failed beyond the grace period, or the device cannot reach the backend), the Software will refuse to run new maintenance actions. The Software will continue to permit:
- Reading and exporting historical run data the Software has already collected on the device
- Filing support tickets through the Sender companion application
- Diagnostic operations needed to investigate the license problem
This degraded mode is by design — losing access to the maintenance toolkit shouldn't lock a technician out of the data already collected.
4. Restrictions
You may not, and may not permit any third party to:
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software, except to the extent applicable law expressly permits despite this prohibition
- Modify, adapt, translate, or create derivative works based on the Software, except for ordinary configuration permitted by the Software's user interface
- Rent, lease, sell, sublicense, distribute, transfer, host as a service, or otherwise commercially exploit the Software
- Remove, obscure, or alter any proprietary notices, trademarks, or attributions on or within the Software
- Use the Software to enroll devices owned by people or organizations not authorized by your subscription
- Bypass, disable, or interfere with the Software's license enforcement, telemetry, or security features
- Circumvent the seat cap by reusing install GUIDs, spoofing hardware fingerprints, or any similar technical means
- Use the Software in connection with safety-critical, life-support, or other applications where Software failure could cause physical injury or significant property damage
If you become aware of a security vulnerability in the Software, please report it to [email protected] rather than exploit it. We commit to responding to good-faith reports within 5 business days.
5. Updates
BuildITSmrt may make updates to the Software available from time to time, including bug fixes, security patches, new maintenance actions, and behavioral changes. Updates are part of the Software and are governed by this EULA. We may install updates automatically or require manual installation; in either case, your subscription includes access to all updates released during the subscription term. We may stop supporting older versions after a reasonable transition period, after which those older versions may be unable to refresh their license tokens and will fall into the degraded mode described in Section 3.
6. Telemetry and data collection
The Software transmits operational data to the MaintBlocks SaaS backend, including license-token requests, device-inventory snapshots, heartbeats, and outcomes of maintenance actions you have run. The full categories of data and the purposes for which they are processed are described in our Privacy Policy, Section 13.2. You agree, on behalf of the organization installing the Software, that you have the necessary authority and any required notices or consents in place to allow the Software to collect and transmit that data on the devices you enroll.
7. Open-source and third-party components
The Software includes or interoperates with third-party components, some of which are open-source. A list of those components, their licenses, and their attributions is included with the Software's distribution (typically in a third-party-notices.txt file or equivalent). Those third-party components are licensed under their own terms; nothing in this EULA limits any rights you have under those terms. The Software also detects and may invoke certain Microsoft-provided tools (Sysinternals utilities, winget, DISM, SFC, etc.) that are provided directly by Microsoft under Microsoft's own terms; we don't redistribute those.
8. Ownership
The Software is licensed, not sold. BuildITSmrt and its licensors retain all right, title, and interest in and to the Software, including all intellectual-property rights. No rights are granted by implication, estoppel, or otherwise, except for the limited license expressly granted in Section 2. The MaintBlocks name, the BuildITSmrt name, the BITS mark, and related logos are trademarks of BuildITSmrt and may not be used without our prior written consent.
9. Term and termination
This EULA takes effect when you first install or use the Software and continues until terminated. It terminates automatically if your subscription ends, if you violate any of the restrictions in Section 4, or if BuildITSmrt elects to terminate it for cause on written notice (including by email). On termination:
- The license in Section 2 ends immediately
- You must stop installing the Software on additional devices
- You must remove the Software from devices within a reasonable period (we suggest 30 days), except that you may retain installations operating in the degraded mode described in Section 3 solely to preserve access to historical run data and to file support tickets
- The provisions that by their nature should survive — including Sections 4 (Restrictions), 8 (Ownership), 10 (Disclaimers), 11 (Limitation of liability), 12 (Indemnification), 13 (Governing law), and any payment obligations that became due before termination — will survive
10. Disclaimers
The Software is provided "as is" and "as available," with all faults and without warranty of any kind. To the fullest extent permitted by applicable law, BuildITSmrt and its licensors disclaim all warranties, express, implied, statutory, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, title, accuracy, completeness, and non-infringement, as well as any warranties arising from course of dealing, course of performance, or usage of trade. We do not warrant that the Software will be uninterrupted, error-free, or that any errors will be corrected. The Software performs maintenance operations on Windows that can affect system state, including operations that delete files, modify the registry, install updates, and reset network configuration. You are responsible for backing up affected systems before running any action you understand to be potentially destructive. Some jurisdictions don't allow exclusion of certain warranties, so portions of this section may not apply to you.
11. Limitation of liability
To the fullest extent permitted by applicable law, in no event will BuildITSmrt, its licensors, or its or their members, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, or business opportunities, arising out of or relating to your use of, or inability to use, the Software, even if we have been advised of the possibility of such damages. BuildITSmrt's total cumulative liability arising from or relating to the Software (including under this EULA, the Terms of Use, and any related agreement) will not exceed the greater of one hundred U.S. dollars (US$100) and the amount you paid us for the subscription in the twelve months preceding the event giving rise to liability. The limitations in this section apply regardless of the legal theory (contract, tort, statute, or otherwise) and survive termination of this EULA. Some jurisdictions don't allow limitation of certain damages, so portions of this section may not apply to you.
12. Indemnification
You agree to defend, indemnify, and hold harmless BuildITSmrt and its members, employees, agents, licensors, and affiliates from and against any claims, damages, losses, liabilities, and reasonable expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Software in violation of this EULA; (b) your use of the Software to enroll, manage, or run actions on devices outside the scope of authorization granted to you by your organization; (c) your violation of any law or the rights of any third party; or (d) any content or data you submit to or through the Software.
13. Governing law and venue
This EULA is governed by the laws of the State of Wisconsin, without regard to its conflict-of-laws principles. Any dispute, claim, or proceeding arising out of or relating to this EULA or the Software will be brought exclusively in the state or federal courts located in Brown County, Wisconsin, and you consent to the personal jurisdiction and venue of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
14. Export and sanctions
You may not use, export, re-export, or transfer the Software in violation of U.S. export-control laws or sanctions, including the Export Administration Regulations and the regulations administered by the U.S. Office of Foreign Assets Control. You represent that you and your organization are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S. government list of restricted parties.
15. Government end-user notice
The Software is "commercial computer software" and the documentation is "commercial computer software documentation," each as defined in 48 C.F.R. § 2.101 (October 1995). Government end users acquire only the rights set forth in this EULA, consistent with 48 C.F.R. §§ 12.212 and 227.7202 (or any successor provisions).
16. Changes to this EULA
We may update this EULA from time to time. The "Effective" date at the top reflects the most recent version. Material changes will be highlighted on the website for at least 30 days before they take effect. Continuing to use the Software after the new EULA takes effect means you accept it; if you don't, stop using the Software and your subscription's cancellation rights from Terms Section 16.4 apply.
17. Miscellaneous
- Entire agreement. This EULA, together with the Terms of Use, the Privacy Policy, and any DPA you have countersigned, is the entire agreement between you and BuildITSmrt regarding the Software, and supersedes any prior agreement on the same subject.
- Severability. If any provision is found unenforceable, the rest stay in effect, and the unenforceable provision will be reformed to the minimum extent necessary to be enforceable.
- No waiver. Our failure to enforce a provision isn't a waiver of our right to enforce it later.
- Assignment. You may not assign this EULA without our prior written consent. We may assign it in connection with a merger, acquisition, or sale of all or substantially all of our assets.
- No agency. Nothing in this EULA creates a partnership, joint venture, agency, or employment relationship.
- Headings. Section headings are for convenience and don't affect interpretation.
18. Contact
If you have questions about this EULA, please use our contact form and select "Legal / terms of service" as the inquiry category:
Note: This page is the publicly posted EULA for the MaintBlocks desktop application. Enterprise customers requiring negotiated license terms should contact us before installing the Software at scale.