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Brain OS Beta Tester Agreement

Wallin Solutions AB

Effective Date: June 10, 2026

Last Updated: June 10, 2026

This Beta Tester Agreement (the "Agreement") replaces the Early Access Agreement dated March 3, 2026, for all acceptances on or after the Effective Date.

Language. This document is published in English and Swedish; the English version prevails in case of discrepancy.

1. Parties and Scope

1.1 This Agreement is a legally binding contract between Wallin Solutions AB ("Licensor," "we," "us"), a Swedish limited company (aktiebolag) operated by Robert Wallin, and the individual named in the Beta Program application or promo-code issuance ("Tester," "you"). Participation is personal: the Agreement is accepted by you as a named individual and may not be assigned or shared.

1.2 This Agreement governs your participation in the Brain OS Beta Tester Program (the "Program"). By accepting this Agreement and redeeming a promo code, you also accept the End User License Agreement (EULA), the Terms of Service, and the Privacy Policy. In case of conflict regarding the Program specifically, this Agreement prevails; in all other respects the EULA governs.

1.3 This Agreement applies to all Program participants equally, whether you are a content creator, developer, tester, journalist, or private user.

2. Recitals

(A) Pre-release software. Brain OS is currently pre-release, early access / beta software made available for testing and evaluation. It is not a final, complete, or fully tested product.

(B) Tested and documented. The Licensor tests the Software for its intended purpose prior to each beta release and documents that testing.

(C) Known Issues List. Known defects, limitations, and deviations of the current beta release are recorded in a dated, versioned Known Issues List, published at brainos.wallinsolutions.se/legal/known-issues and referenced at the point of promo-code redemption. The Known Issues List, not a blanket "may contain bugs" statement, is the authoritative record of the known state of the current beta release.

(D) Free of charge. Participation in the Program and the beta license are provided entirely free of charge. You pay nothing, and you are under no obligation to purchase anything, now or later.

3. Your Beta License

3.1 Upon redeeming the promo code issued to you, you receive a free Brain OS license for testing, evaluation, and personal use during the beta period. The license tier granted depends on the promo code issued to you.

3.2 Your license is fully functional for the tier specified by your promo code, is bound to one hardware installation (HWID, see EULA Section 1.3), and is not transferable.

3.3 Your license is subject to the beta terms in EULA Section 5. In particular:

  • (a) the Software is beta — it may contain the defects recorded in the Known Issues List as well as defects not yet known, and it may cause data loss or behave unexpectedly;
  • (b) features may change, be added, or be removed without notice;
  • (c) your license may be revoked during the beta period (EULA Section 5.6 and Section 10 below). If the beta period ends without revocation, your license continues under the standard EULA terms.

4. Eligibility and Geographic Scope

4.1 You must be at least eighteen (18) years old and must provide accurate information — including your country of residence — in your Program application.

4.2 Geographic scope. The Program is currently open to testers resident in the European Union, the European Economic Area, and the Nordic countries. Participation from any other country requires the Licensor's express written approval before a promo code is issued or redeemed. This describes the current scope of the Program only; it is not a representation or guarantee regarding future availability, suitability, or support in any territory.

4.3 The Licensor may decline any application, and may limit the number of participants, at its sole discretion.

5. Test Data Only — No Sole Copies

5.1 The Software is made available to you for testing and evaluation, not for production use or as the home of data you cannot afford to lose.

5.2 YOU MUST NOT STORE THE SOLE OR ONLY COPY OF ANY IRREPLACEABLE OR UNIQUELY VALUABLE DATA ON A BRAIN OS INSTALLATION DURING THE PROGRAM. You shall maintain complete, independent, regularly tested backups of all data you place on the Software, on separate storage not managed by the Software. The Licensor recommends the 3-2-1 backup principle (three copies, two different media, one off-site).

5.3 You acknowledge that the Software performs storage, parity, encryption, and data-wipe operations that can, in case of a defect or misuse, result in the loss or corruption of data, and that no redundancy feature of the Software (parity, pooling, caching, or otherwise) is a backup.

5.4 To the maximum extent permitted by applicable law, any loss that would have been avoided by compliance with this Section 5 is deemed an avoidable consequence attributable to the Tester.

6. Known Issues Acknowledgment

6.1 Before installing the Software, and again before installing any major update during the Program, you must review the then-current dated Known Issues List (Recital (C)).

6.2 By accepting this Agreement you expressly and separately accept that the beta Software deviates from the stability and feature completeness of a finished product in the specific respects itemized in the Known Issues List version identified at the time of your acceptance. This express and separate acceptance is given in the manner contemplated by Article 8(5) of Directive (EU) 2019/770 and Lag (2022:260) om digitalt innehåll.

6.3 Nothing in this Section 6 excludes liability that cannot be excluded under mandatory law (see Section 8.4).

7. Assumption of Risk

7.1 You understand and voluntarily accept, for the limited testing purpose of the Program and to the maximum extent permitted by applicable mandatory law, the elevated risks inherent in pre-release software, including system instability, data corruption, data loss, hardware wear, and unexpected behavior.

7.2 You confirm that you have not relied on any representation regarding reliability or data safety beyond the written documentation and the Known Issues List. The only published protection claim for the Software is that it is designed to protect against the failure of data disks within a parity array; it is not a backup, and no claim of "no data loss" has been made or may be inferred.

8. No Warranty; Limitation of Liability

8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO PROGRAM PARTICIPANTS "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

8.2 The disclaimers and limitations of liability in EULA Sections 6, 7, and 8 apply in full to Program participants.

8.3 Because your license is provided free of charge, the Licensor's total aggregate liability to you shall not exceed ten euros (EUR 10.00), as set forth in EULA Section 8.2.

8.4 Mandatory law carve-out. Nothing in this Agreement excludes or limits liability for fraud, for damage caused intentionally or by gross negligence, for death or personal injury caused by negligence, or any other liability that cannot be excluded or limited under mandatory Swedish or EU law, including Produktansvarslagen (1992:18) and, for copies of the Software placed on the market or put into service on or after 9 December 2026, the national law transposing Directive (EU) 2024/2853. If you are a consumer resident in the EU/EEA, you retain all rights that cannot be waived by contract.

9. Feedback, Freedom of Expression, and Confidentiality

9.1 Feedback is voluntary. You are encouraged — but not contractually obliged — to report bugs, data-loss scenarios, security vulnerabilities, and other significant issues. You can report issues by:

  • Email: robban@techflip.se
  • The built-in bug reporter in your Brain OS web UI (Settings > Report a Bug)

9.2 Feedback license. You grant the Licensor a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, and incorporate any feedback, bug reports, suggestions, and test results you submit, for the purpose of developing, improving, and commercializing the Software, without compensation or attribution obligation. Submitting feedback does not transfer ownership of any of your pre-existing intellectual property. If your report leads to a fix, we may credit you (with your permission) in release notes.

9.3 Security vulnerabilities. For security vulnerabilities, please follow the Vulnerability Disclosure Policy and report to robban@techflip.se before public disclosure, allowing a reasonable window to issue a fix and protect all users. Coordinated disclosure is standard practice and protects the community.

9.4 Freedom of expression — no NDA. This Program does not impose a non-disclosure agreement. You may say whatever you want about Brain OS: publish reviews, videos, blog posts, or social media posts; criticize the software, its features, its limitations, and its bugs; compare it to competing products; and share your honest experience, including frustrations, failures, and data-loss incidents. We will never revoke your license because of negative feedback, criticism, or unfavorable reviews. We do not require editorial approval or pre-publication review.

9.5 Narrow confidentiality. The only items you must keep confidential are: (a) your promo code and License Key (do not share, sell, or give them away); and (b) details of an unpatched security vulnerability during the coordinated-disclosure window in Section 9.3.

10. Term, Termination, and Revocation

10.1 This Agreement is effective from your acceptance and promo-code redemption and remains in effect for the duration of the beta period.

10.2 When the beta period ends (publicly announced by the Licensor as the general-availability release, EULA Section 5.7), this Agreement terminates automatically. Your license, if not revoked, continues under the standard EULA terms.

10.3 You may terminate this Agreement at any time by uninstalling the Software. No notice is required.

10.4 The Licensor may revoke your beta license at any time as described in EULA Section 5.6. Because the license is free of charge, no refund or compensation is due upon revocation. Revocation will never be used to retaliate against honest criticism (Section 9.4). Upon revocation, this Agreement terminates.

10.5 Sections 5.4, 7, 8, 9.2, 9.5, 12, and 13 survive termination.

11. What You May Not Do

11.1 In addition to the restrictions in the EULA (Section 9), you may not:

  • (a) sell, sublicense, or give away your promo code or License Key to others;
  • (b) redeem multiple promo codes for the same hardware installation;
  • (c) misrepresent your relationship with Wallin Solutions AB (e.g., claiming to be an employee, partner, or official representative);
  • (d) misstate your country of residence or otherwise circumvent the geographic scope in Section 4.2.

11.2 For clarity: honest criticism is never a violation of this Agreement. Only the specific actions listed above and in the EULA are prohibited.

11.3 Disclosure when publishing. If you publish content about Brain OS to an audience, you must clearly and prominently disclose that your license was provided free of charge — near the beginning of the content and in the same language as the content. This is required by the Swedish Marketing Practices Act (Marknadsföringslag 2008:486), Directive 2005/29/EC on unfair commercial practices, and applicable national advertising rules in your country. An acceptable example: "Disclosure: free license from Wallin Solutions AB. All opinions are my own." We will not police your exact wording, but failure to disclose as required by law may expose you (not us) to regulatory action. If you publish nothing, this Section does not apply.

12. Privacy

12.1 The data we collect from Program participants is described in the Privacy Policy. Your application data (name, email, country of residence) is processed to operate the Program.

12.2 The Software runs locally on your hardware. We do not collect analytics about your system usage, your stored files, or your content creation activities.

12.3 If you submit a bug report, the information you include in that report is processed as described in the Privacy Policy.

13. Governing Law and Dispute Resolution

13.1 Governing law. This Agreement is governed by the laws of Sweden, without regard to its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

13.2 EU/EEA consumers. If you are a consumer resident in the European Union or European Economic Area, you retain the right to bring proceedings in the courts of your country of residence in accordance with mandatory provisions of applicable law (including Regulation (EU) No 1215/2012), and nothing in this Section 13 limits any right that cannot be waived by contract. You may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/. Disputes with EU/EEA consumers are otherwise subject to the forum provisions of EULA Sections 14.2–14.4.

13.3 Arbitration for Testers outside the EU/EEA. If you are not resident in the European Union or European Economic Area, any dispute, controversy, or claim arising out of or in connection with this Agreement or the Program shall be finally settled by arbitration administered by the SCC Arbitration Institute (Stockholm Chamber of Commerce) in accordance with its arbitration rules, including, where applicable by their terms, the SCC Rules for Expedited Arbitrations. The seat of arbitration is Stockholm, Sweden; the language of the proceedings is English; the tribunal consists of one arbitrator. The arbitration shall be conducted on an individual basis only: class arbitration, collective arbitration, mass arbitration, and consolidated arbitration are expressly excluded, and the arbitrator has no authority to conduct any form of aggregate proceeding.

13.4 Class-action and jury-trial waiver (non-EU/EEA Testers). To the fullest extent permitted by applicable law, Testers outside the EU/EEA waive any right (a) to bring or participate in any class, collective, mass, consolidated, representative, or private attorney general action against the Licensor or its representatives, and (b) TO TRIAL BY JURY in any dispute arising out of or related to this Agreement, the Program, or the Software. The full waiver provisions of EULA Sections 14.7 and 14.8, the cascading severability of EULA Section 14.13, and the protections of EULA Section 14A are incorporated into this Agreement by reference. If the arbitration agreement in Section 13.3 is held unenforceable as to a particular Tester or claim, the exclusive forum is Stockholms tingsrätt per EULA Section 14.2.

13.5 IP enforcement carve-out. Nothing in this Section prevents the Licensor from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or licensing system (EULA Section 14.5).

14. Acknowledgments — Accepted Separately

Acceptance of this Agreement is recorded together with your separate confirmation of each of the following items. Each item must be individually checked; none is pre-checked.

  • ☐ Identity and age. I am the named applicant, I am at least 18 years old, and the information in my application — including my country of residence — is accurate.
  • ☐ Known Issues List. I have reviewed the dated Known Issues List identified at the time of this acceptance, and I expressly and separately accept the itemized deviations it records (Section 6).
  • ☐ No sole copies. I will maintain complete, independent backups and will not store the sole copy of any irreplaceable data on Brain OS during the Program (Section 5).
  • ☐ Beta risk. I understand this is pre-release software that may cause data loss, and I voluntarily assume the risks described in Section 7 to the maximum extent permitted by mandatory law.
  • ☐ Geographic scope. I am resident in the EU, the EEA, or a Nordic country — or I have obtained the Licensor's express written approval to participate from another country (Section 4.2).
  • ☐ Dispute resolution (non-EU/EEA Testers only). If I am not an EU/EEA resident, I accept individual arbitration in Stockholm (SCC) and the class-action and jury-trial waivers (Sections 13.3–13.4).
  • ☐ Documents. I have read and accept this Beta Tester Agreement, the EULA, the Terms of Service, and the Privacy Policy.

15. General

15.1 Entire agreement. This Agreement, together with the EULA, the Terms of Service, and the Privacy Policy, constitutes the entire agreement regarding the Program and supersedes the Early Access Agreement dated March 3, 2026, for acceptances on or after the Effective Date.

15.2 Severability and savings. If any provision of this Agreement is held invalid or unenforceable, it shall be modified to the minimum extent necessary or severed, and the remainder shall continue in full force. Some jurisdictions do not allow certain exclusions, limitations, or waivers; in any such jurisdiction, the provisions of this Agreement apply only to the fullest extent permitted by the law of that jurisdiction, and nothing in this Agreement affects rights that cannot be waived or limited under applicable mandatory law.

15.3 Modification. The Licensor may update this Agreement for future acceptances. Changes do not apply retroactively to an already-accepted Agreement without your consent, except where required by law.

15.4 No assignment. You may not assign this Agreement. The Licensor may assign it in connection with a merger, acquisition, or sale of assets, subject to mandatory law.

16. Contact

  • Wallin Solutions AB
  • Robert Wallin
  • Email: robban@techflip.se
  • Website: https://brainos.wallinsolutions.se

Version history. 2026-06-10 — first version of the Beta Tester Agreement; replaces the Early Access Agreement of March 3, 2026 (adds named-tester acceptance, testing-documentation and Known Issues recitals, separate acknowledgments, geographic scope, SCC arbitration for non-EU/EEA testers, and the English/Swedish language clause), while preserving its promo-code mechanics, free-license terms, freedom-of-expression guarantee, disclosure rules, and bug-reporting channels.

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