Terms of Use
The rules that govern your use of this website. Plain language where we can; we'll be specific where we have to be.
1. Agreement
This site, builditsmrt.com, is operated by BuildITSmrt, LLC, a Wisconsin limited liability company ("BuildITSmrt," "we," "us," or "our"). By accessing or using the site, you agree to be bound by these Terms of Use. If you don't agree, please don't use the site.
These Terms cover the website only. Paid engagements — managed IT services, custom software development, products, and any other paid work — are governed by a separate written agreement (e.g., a Master Services Agreement, statement of work, MSP service agreement, or product license agreement). The terms in those agreements control for the work they cover. Nothing on this website constitutes such an agreement, and nothing on the website should be interpreted as a binding offer to provide services on any particular terms.
2. Eligibility
To use this site, you must be at least 18 years old and able to enter into a binding contract under U.S. law. We currently serve customers based in the United States. If you are accessing the site from outside the United States, please do not submit personal information through it (see our Privacy Policy for more on geographic scope).
3. Permitted use
You may use the site to learn about our services, browse the documentation we publish, and submit inquiries through the contact form. You may not:
- Use the site for any unlawful purpose, or in violation of these Terms or any applicable law
- Attempt to gain unauthorized access to any portion of the site, our systems, or anyone else's data
- Probe, scan, or test the site for vulnerabilities except as expressly permitted in writing by us
- Interfere with the site's operation, including by overloading it, sending automated traffic, or bypassing rate limits
- Scrape, crawl, or harvest content from the site for use in machine-learning training, generative-AI products, or commercial republication, except by general-purpose search-engine crawlers respecting robots.txt
- Use the site to send spam, malware, or otherwise harmful content (including via the contact form)
- Misrepresent your identity or affiliation when contacting us
- Reverse engineer or attempt to derive the source code of any software hosted on the site
4. Intellectual property
The site and its content — text, graphics, logos, layouts, the BuildITSmrt name and logo, the BITS mark, trademarks, the MaintBlocks name and documentation, software, and the way the content is selected and arranged — are owned by BuildITSmrt or our licensors and are protected by U.S. and international copyright, trademark, and other intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to view the site for your own informational and evaluation purposes. No other rights are granted.
You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any of the site's content without our prior written permission, except as expressly allowed by these Terms or by applicable law (e.g., short, properly attributed quotations for commentary or news reporting).
5. Submissions you send us
If you send us a message through the contact form, suggestions, feedback, or any other communication ("Submissions"), you grant BuildITSmrt a worldwide, royalty-free, perpetual, irrevocable license to use the Submission for any lawful purpose, including incorporating ideas into our services. We treat the personal information in your Submission consistent with our Privacy Policy.
Don't send us anything you consider confidential through the contact form. If you have something confidential to discuss, ask us to set up an NDA first.
6. Documentation and product information
The website includes documentation for software products such as MaintBlocks. Documentation is provided for informational purposes and is subject to change without notice. We may add, remove, or change product features, version availability, pricing, and roadmaps at any time. Pricing shown on the site is illustrative starting-point pricing only; actual pricing for paid engagements is set in the applicable written agreement.
7. Third-party links and services
The site may link to or interoperate with third-party websites and services that we don't operate. We don't endorse them, aren't responsible for their content or practices, and won't be liable for anything that happens between you and them.
8. Disclaimers
The site and its content are provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by applicable law, BuildITSmrt disclaims all warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranties arising from course of dealing or usage of trade. We do not warrant that the site will be uninterrupted, secure, or error-free, that defects will be corrected, or that the site or the servers that make it available are free of viruses or other harmful components.
9. Limitation of liability
To the fullest extent permitted by applicable law, in no event will BuildITSmrt, its members, employees, agents, or affiliates be liable to you 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 in connection with your use of the site, even if we have been advised of the possibility of such damages. BuildITSmrt's total cumulative liability arising from or relating to your use of the site will not exceed one hundred U.S. dollars (US$100). The limitations in this section apply regardless of the legal theory (contract, tort, or otherwise) and survive termination of these Terms.
10. Indemnification
You agree to defend, indemnify, and hold harmless BuildITSmrt and its members, employees, agents, 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 site in violation of these Terms; (b) your violation of any law or the rights of any third party; or (c) any content you submit to us.
11. Termination
We may suspend or terminate your access to the site at any time, with or without notice, for any reason, including if we believe you've violated these Terms. The provisions that by their nature should survive termination — including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.
12. Changes
We may change these Terms from time to time. Updated Terms take effect on the "Effective" date shown above. If we make a material change, we will mark it visibly on the site for at least 30 days before it takes effect. Your continued use of the site after the new Terms take effect means you accept them.
13. Governing law
These Terms are 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 these Terms or your use of the site 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. Miscellaneous
- Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and us regarding the website.
- Severability. If any provision is found unenforceable, the rest stay in effect.
- No waiver. Our failure to enforce a provision isn't a waiver of our right to enforce it later.
- Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of all or substantially all of our assets.
- No agency. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us.
- Headings. Section headings are for convenience and don't affect interpretation.
15. Contact
If you have questions about these Terms, please use our contact form and select "Legal / terms of service" as the inquiry category:
A mailing address is available on request through the contact form.
16. MaintBlocks SaaS subscriptions
This section governs your use of the MaintBlocks SaaS service — the hosted backend at api.builditsmrt.com, the customer dashboard, and the desktop agent that connects to that backend — when you sign up through the website. It supplements (and where there's a conflict, controls over) Sections 1–15 above for matters relating to a paid or trial subscription. The first agreement formed for a hosted-product subscription is between you (or the legal entity you represent) and BuildITSmrt, LLC; clicking Start free trial is your acceptance of this Section 16 in addition to the rest of these Terms.
16.1 Eligibility and authority
To subscribe, you must be a U.S.-based person or organization, at least 18 years old, and authorized to bind the entity you sign up on behalf of. Provide accurate organization information at signup; we may suspend an account if we discover signup details are materially inaccurate.
16.2 The subscription you're signing up for
The subscription is a per-device, recurring service. Your initial seat cap, billing period (monthly, annual, or two-year), and the resulting price are set at signup and confirmed at Stripe Checkout. Volume tiers — the per-seat rate decreasing at 50 and 200 seats — are applied automatically by Stripe's graduated pricing on each invoice. The current public list pricing is on our pricing page; the actual amount charged is whatever Stripe Checkout shows you and is binding on us.
16.3 Free trial
New subscribers receive a 14-day free trial. A valid payment method is required to start the trial. We do not charge the payment method during the trial period. On day 15, the first billing-period charge runs. You can cancel any time before day 15 from the dashboard or Stripe's Customer Portal and will not be charged. We may shorten, extend, or remove the free trial for new signups in the future; existing trials in flight are honored.
16.4 Auto-renewal and cancellation
Subscriptions auto-renew at the end of each billing period at the then-current price for that period. To cancel, use the "Manage subscription" link in your dashboard (which redirects to Stripe's Customer Portal) or contact us — cancellation takes effect at the end of the current paid period (you keep access through what you've already paid for). We do not pro-rate cancellations of monthly subscriptions. For annual or two-year prepay subscriptions, cancellation prevents the next renewal but does not refund the unused portion of the current term, except as required by applicable consumer-protection law.
16.5 Price changes
We may change subscription pricing for new signups at any time. For existing subscribers, we will give at least 30 days' notice by email before any price change applies to your subscription, and the new price will only take effect at your next renewal — never mid-term. If you don't accept the new price, cancel before the renewal date and your subscription ends at the end of the current paid term. Two-year prepay subscriptions are locked in at the rate paid for the full two years.
16.6 Refunds
The free trial is the refund mechanism — cancel before day 15 and you're not charged. After the first paid period begins, fees are generally non-refundable except where applicable law requires otherwise (e.g., consumer-protection statutes that mandate certain rights). If you believe a charge is in error, contact us within 60 days of the charge and we'll review it in good faith.
16.7 Acceptable use of the SaaS
The acceptable-use rules in Section 3 apply to the SaaS too. In addition, you may not:
- Use the SaaS or the desktop agent to enroll devices you don't own, manage, or have explicit authorization to administer
- Use the inventory data we collect to harvest end-user personal information for unrelated purposes
- Resell, white-label, or sub-license the service to third parties without a separate written reseller agreement
- Run automated scripts against our API at a rate substantially higher than what the desktop agent does in normal operation, except by prior written arrangement
- Use the service to violate any law or any third party's rights
- Use the service in any safety-critical application, including medical, transportation-safety, life-support, or industrial-control contexts (the service is not designed or warranted for those uses)
We may suspend or terminate your subscription if we determine in good faith you have materially violated this Section 16.7. We will give you reasonable notice and an opportunity to cure if it's practical to do so.
16.8 Service levels and availability
We target high availability for the SaaS but do not commit to a contractual service-level agreement on the publicly available subscription tier. Scheduled maintenance is announced in advance where practical. Unscheduled downtime, dependency outages (Cloudflare, Stripe, Maileroo, Hostinger, etc.), and network conditions outside our reasonable control are excluded from any availability calculation. If a customer has a contracted SLA, the terms of that contract control over this paragraph.
16.9 Your data
You retain ownership of the data you submit to the SaaS and the data the desktop agent transmits from devices you enroll. You grant us a worldwide, royalty-free, non-exclusive license to host, process, transmit, display, and analyze that data solely to provide the service to you, to fulfill your support requests, to comply with law, and to improve the service in aggregated, de-identified ways. We don't sell your data, don't use it for cross-context behavioral advertising, and don't use it to train third-party machine-learning models. Our handling of personal information is described in our Privacy Policy, Section 13.
On cancellation you may request export or deletion as described in the Privacy Policy. We delete your data within the retention windows described there once your account is closed.
16.10 The desktop agent — license summary
Use of the MaintBlocks desktop agent (the MaintBlocks.exe Windows application and its MaintBlocks.Sender.exe companion) is governed by our separate End User License Agreement. By installing the agent on a device, the user of that device accepts the EULA. The license to use the agent is granted only while your subscription is active and in good standing; canceling or non-payment terminates the license, and the agent will refuse to run new maintenance actions when its license token has expired (it remains usable for diagnostics and support-ticket filing in a degraded mode).
16.11 Sub-processors and DPA
For B2B customers who require a written data-processing addendum (DPA) for their own privacy-compliance obligations, our standard DPA is published at /dpa.html and is incorporated by reference into this Section 16 for any subscriber who countersigns it via the contact form. The DPA describes the controller/processor relationship, sub-processors, security measures, audit rights, and breach-notification obligations relating to MaintBlocks SaaS data.
16.12 Disclaimers and liability — SaaS-specific
The disclaimers and liability cap in Sections 8–9 apply to the SaaS, except that for paying subscribers the liability cap is increased from US$100 to the greater of US$100 or the amount you paid us for the subscription in the twelve months preceding the event giving rise to liability. Indirect and consequential damages remain excluded. The MaintBlocks desktop agent is a tool that helps technicians do maintenance work; it can run destructive Windows operations like SFC, DISM, registry tweaks, and file-cleanup actions. You are responsible for backing up affected systems before running any maintenance action that you understand to be potentially destructive. We're not responsible for data loss caused by an action you chose to run.
16.13 Termination by us
In addition to the website-termination grounds in Section 11, we may suspend or terminate your subscription for: non-payment after a 14-day grace period; material breach of this Section 16; misuse of the service per Section 16.7; or if a regulator, court, or law requires us to. Termination ends the desktop agent's license per Section 16.10. We will give you reasonable notice and a chance to cure for non-payment and minor breaches; for severe abuse or legally required termination, suspension may be immediate.
16.14 Survival
Provisions of these Terms that by their nature should survive expiration or termination — including ownership, disclaimers, limitation of liability, indemnification, dispute resolution, and your obligation to pay fees that became due before termination — survive any cancellation or termination of your subscription.
Note: This page is the publicly posted Terms of Use for the website and the SaaS subscription. It is not a substitute for the agreement that governs custom development, MSP, or other paid professional services. For those engagements, consult the written contract you have signed with us, or contact us to request one.