END USER LICENSE AGREEMENT

SmartStart LaunchKits

A product of DreamRock SmartTech LLC
Effective Date: 05/01/2026  |  Version 1.0
 
This End User License Agreement (“Agreement” or “EULA”) is a legal agreement between you (“Licensee,” “you,” or “your”) and DreamRock SmartTech LLC, a Florida limited liability company (“Licensor,” “we,” “us,” or “our”), governing your use of the SmartStart LaunchKit and all associated digital files, templates, documents, tools, and materials (collectively, the “Licensed Materials”) delivered to you through your purchase.

BY PURCHASING, DOWNLOADING, ACCESSING, OR USING THE LICENSED MATERIALS, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, ACCESS, OR USE THE LICENSED MATERIALS.

1. Definitions

1.1 “Licensed Materials” means all files delivered as part of your SmartStart LaunchKit purchase, including but not limited to: PDF documents, HTML files, interactive web components, spreadsheets, Word and/or PowerPoint documents, image files, marketing templates, contracts, checklists, calculators, playbooks, and any related materials, whether delivered as ZIP archives, direct downloads, or otherwise.
1.2 “Licensee” means the individual or single legal business entity that purchased the Licensed Materials directly from Licensor or an authorized seller. A “single business” means one legal entity (sole proprietorship, LLC, corporation, or partnership) operating under one primary business name or DBA.
1.3 “Derivative Work” means any modification, adaptation, translation, or transformation of the Licensed Materials, including any document, file, or template that incorporates, adapts, or is substantially derived from the Licensed Materials.
1.4 “Output” means the completed, customized documents and records that Licensee produces by filling in, completing, or applying the Licensed Materials in the ordinary course of operating its own business — for example, a service agreement executed with Licensee’s customer, an invoice issued to Licensee’s customer, or a pricing estimate generated using the included calculator.

2. Grant of License

Subject to the terms of this Agreement and receipt of full payment, Licensor grants Licensee a non-exclusive, non-transferable, non-sublicensable, worldwide, perpetual (unless terminated as provided herein) license to use the Licensed Materials solely for Licensee’s own internal business operations, subject to the restrictions set forth in Section 4.
This license is granted for use by one (1) business entity only. If Licensee operates multiple distinct businesses, a separate license must be purchased for each business.

3. Permitted Uses

Licensee may:

(a) Download, install, and store the Licensed Materials on devices owned or controlled by Licensee;

(b) Use the Licensed Materials as operational tools within Licensee’s own business — including, for example, using the pricing calculator to generate estimates for Licensee’s customers, issuing the service agreement (after customization for Licensee’s business and lawful jurisdiction) to Licensee’s own customers, and distributing printed marketing collateral (yard signs, business cards, referral cards) on behalf of Licensee’s business;

(c) Modify, edit, customize, adapt, and create Derivative Works from the Licensed Materials for Licensee’s own internal business use, including customizing contract language, which should be reviewed by Licensee’s own attorney licensed in the relevant jurisdiction before use, branding marketing templates with Licensee’s business name and logo, and adapting checklists and processes for Licensee’s operations;

(d) Retain, use, and distribute Outputs (such as executed contracts, issued invoices, and generated estimates) as Licensee’s own property in the ordinary course of business; and

(e) Make reasonable backup copies of the Licensed Materials for archival purposes and disaster recovery.

4. Prohibited Uses

Licensee will not, directly or indirectly, and will not permit any third party to:

(f) Sell, resell, rent, lease, lend, sublicense, assign, transfer, or otherwise distribute the Licensed Materials, in whole or in part, in their original form or as Derivative Works, to any third party;

(g) Repackage, rebrand, relabel, or redistribute the Licensed Materials or any Derivative Works as a template, kit, course, toolkit, bundle, starter pack, guide, or any similar product or service offered for sale, trade, or free distribution;

(h) Include the Licensed Materials or any Derivative Works in any product, service offering, consulting deliverable, course, membership site, digital download, or subscription that is sold, licensed, or otherwise provided to third parties except that Licensee may provide ordinary-course Outputs to Licensee’s own customers as expressly permitted under Section 3;

(i) Use the Licensed Materials or any Derivative Works to create, develop, or launch any product or service that directly competes with the Licensed Materials, including but not limited to business-in-a-box kits, starter kits, or template libraries for pressure washing or any related service industry that is substantially similar to, or a market substitute for, the Licensed Materials; provided that nothing in this Section restricts Licensee from operating its own service business using the Licensed Materials as permitted by this Agreement;

(j) Upload, post, or otherwise make the Licensed Materials available on any file-sharing service, torrent site, cloud storage folder accessible to the public, marketplace (including but not limited to Etsy, Gumroad, Creative Market, eBay, Amazon, Fiverr, Upwork), forum, social media platform, or any other publicly accessible location;

(k) Claim authorship, ownership, or original creation of the Licensed Materials or any substantially similar materials;

(l) Remove, alter, obscure, or bypass any copyright notice, license notice, watermark, trademark, or other proprietary marking contained in or on the Licensed Materials;

(m) Reverse engineer, decompile, or attempt to extract the source structure of any interactive component for the purpose of recreating a substantially similar product for distribution except to the limited extent any such restriction is prohibited by applicable law;

(n) Share login credentials, download links, or access tokens with any person outside of Licensee’s business;

(o) Use the Licensed Materials for any unlawful purpose or in violation of any applicable law, rule, or regulation.

Plain-language summary of Section 4: You may use the kit to run your own business. You may not resell, republish, or turn the kit or its contents into a product, template library, giveaway, or competing commercial offering for others.

5. Intellectual Property Ownership

The Licensed Materials are licensed, not sold. Licensor retains all right, title, and interest in and to the Licensed Materials, including all intellectual property rights therein, including copyright, trademark, trade secret, and any other proprietary rights. No rights are granted to Licensee other than those expressly set forth in this Agreement. All rights not expressly granted are reserved by Licensor.

Licensee retains all right, title, and interest in Licensee’s own Outputs and in Licensee’s own original content added to any Derivative Work (such as Licensee’s logo, business name, customer information, and original business data), but such retention does not extend to the underlying Licensed Materials.

6. One License Per Business

Each license entitles one business entity to use the Licensed Materials. If Licensee is an individual or entity that operates, owns, or manages multiple distinct businesses, franchises, or DBAs, Licensee must purchase a separate license for each such business. Agency, reseller, or multi-business use is not permitted under the standard license and may be available only under a separate written agreement with Licensor.

Licensor may require Licensee to identify the licensed business name at or after purchase for recordkeeping and enforcement purposes.

7. Transferability

This license is personal to Licensee and is not transferable. In the event Licensee sells, merges, or otherwise transfers its business to a successor entity, the license may be transferred to that successor entity provided that (a) Licensee notifies Licensor in writing within thirty (30) days of such transfer, (b) the successor agrees in writing to be bound by the terms of this Agreement, and (c) Licensee destroys all copies of the Licensed Materials in its possession following the transfer. The license cannot be sold, transferred, or licensed separately from the underlying business.

8. Term and Termination

8.1 Term. This Agreement commences upon Licensee’s download or access of the Licensed Materials and continues perpetually unless terminated under this Section.

8.2 Termination for Breach. Licensor may terminate this Agreement immediately upon written notice (including email) if Licensee materially breaches any term of this Agreement, including any violation of Section 4 (Prohibited Uses).

8.3 Effect of Termination. Upon termination, Licensee shall (a) promptly cease all use of the Licensed Materials, (b) destroy all copies of the Licensed Materials and all Derivative Works in Licensee’s possession or control, and (c) upon Licensor’s written request, certify such destruction in writing. Outputs created in good faith prior to termination and already delivered to Licensee’s own customers (such as executed contracts and issued invoices) are not required to be destroyed.

8.4 Survival. Sections 4 (Prohibited Uses), 5 (Intellectual Property Ownership), 9 (Warranty Disclaimer), 10 (Limitation of Liability), 11 (Indemnification), 12 (Governing Law), and any other provision that by its nature should survive termination shall survive.

9. Warranty Disclaimer

THE LICENSED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ** ** WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR THAT THE LICENSED MATERIALS WILL BE ERROR-FREE OR MEET LICENSEE’S REQUIREMENTS.
The Licensed Materials include, among other things, template contracts, waivers, checklists, and business guidance documents. These materials are provided for informational and operational reference only and do not constitute legal, tax, accounting, insurance, or financial advice. Licensee is solely responsible for (a) consulting with qualified licensed professionals (attorney, accountant, insurance agent, tax advisor) in Licensee’s jurisdiction before using any template document, (b) ensuring all documents comply with applicable federal, state, and local laws, and (c) customizing all documents appropriately for Licensee’s business, jurisdiction, and specific customer transactions. Licensor is not a law firm and does not provide legal services or legal representation through the Licensed Materials. Purchase or use of the Licensed Materials does not create an attorney-client or other fiduciary advisory relationship.

Licensor makes no representation or warranty that the Licensed Materials comply with any specific state, local, or industry regulation. Without limiting the foregoing, liability waivers, releases, and contract templates may be unenforceable or unsuitable in some jurisdictions or factual settings unless reviewed and adapted by qualified counsel.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR, ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, BUS INESS OPPORTUNITY, OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE LICENSED MATERIALS, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LICENSOR’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF CAUSE OR LEGAL THEORY, SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY LICENSEE FOR THE LICENSED MATERIALS. Nothing in this Agreement limits liability to the extent such limitation is prohibited by applicable law.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply in full to Licensee. In such jurisdictions, Licensor’s liability shall be limited to the fullest extent permitted by applicable law.

11. Indemnification

Licensee shall defend, indemnify, and hold harmless Licensor, its members, officers, employees, agents, and affiliates from and against any and all claims, demands, lawsuits, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) Licensee’s use of the Licensed Materials or any Derivative Works, (b) Licensee’s breach of this Agreement, (c) Licensee’s business operations, including any services Licensee provides to its customers using Outputs derived from the Licensed Materials, (d) Licensee’s violation of any applicable law, and (e) any third-party claim arising from any Output or Derivative Work produced by Licensee, except to the extent finally determined by a court or arbitrator to have resulted from Licensor’s fraud, willful misconduct, or violation of law.

12. Governing Law and Dispute Resolution

12.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.

12.2 Dispute Resolution. Any dispute arising out of or relating to this Agreement shall be resolved in accordance with the dispute resolution procedures set forth in the SmartStart LaunchKits Terms of Use, which are incorporated herein by reference, including the requirement to resolve disputes through binding arbitration.

12.3 Venue for Non-Arbitrable Matters. To the extent any matter is not subject to arbitration (for example, injunctive relief to protect intellectual property), exclusive venue shall lie in the state or federal courts located in or serving Manatee County, Florida, and the parties consent to the personal jurisdiction of such courts.

13. Enforcement, Audit, and Injunctive Relief

Licensee acknowledges that any breach of Section 4 (Prohibited Uses) would cause Licensor irreparable harm for which monetary damages would be inadequate. Accordingly, Licensor shall be entitled to seek injunctive relief and specific performance, in addition to any other remedies available at law or in equity, subject to applicable law and, to the extent permitted by applicable law, without the necessity of posting a bond.

Licensor reserves the right to embed tracking identifiers, watermarks, or buyer-specific metadata in the Licensed Materials delivered to Licensee. Such identifiers are used solely to detect unauthorized redistribution and do not collect personal information beyond what is necessary to associate a file with its original purchaser.

14. General Provisions

14.1 Entire Agreement. This Agreement, together with the SmartStart LaunchKits Terms of Use and the order confirmation documenting Licensee’s purchase, constitutes the entire agreement between the parties regarding the Licensed Materials and supersedes all prior or contemporaneous agreements or understandings.

14.2 Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties’ original intent.

14.3 No Waiver. No failure or delay by Licensor in exercising any right under this Agreement shall operate as a waiver of such right.

14.4 Modifications. Licensor may update this Agreement for future purchases. The version of this Agreement in effect at the time of Licensee’s purchase shall govern that purchase. Licensor will not retroactively change the terms applicable to Licensee’s existing license to be materially less favorable.

14.5 Contact. Questions regarding this Agreement may be directed to: support@dreamrock.io.