End User License Agreement (EULA) for Brain OS

Wallin Solutions AB

Effective Date: February 13, 2026

Last Updated: June 10, 2026

Important — read carefully before installing or using this Software.

This End User License Agreement (the "Agreement" or "EULA") is a legally binding contract between you, the individual or entity installing or using the Software ("User," "you," or "your"), and Wallin Solutions AB ("Licensor," "we," "us," or "our"), a Swedish limited company (aktiebolag) operated by Robert Wallin.

BY INSTALLING, COPYING, OR OTHERWISE USING BRAIN OS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree to these terms, do not install or use the Software. Uninstall the Software immediately and, if applicable, request a refund within the withdrawal period described in Section 4.

Consumer notice (EU/EEA). This Agreement is governed by Swedish law. Where applicable, the Lag (2022:260) om digitalt innehåll (the Swedish Digital Content Act, implementing Directive (EU) 2019/770) applies to paid License Tiers as contracts for the supply of digital content, and the Distansavtalslag (2005:59) (the Swedish Distance Contracts Act) applies to paid License Tiers purchased at a distance (see Section 4). Where mandatory consumer protection provisions of Swedish or European Union law apply, they prevail over any conflicting provision of this Agreement. Nothing in this Agreement excludes, limits, or waives any right that cannot be excluded, limited, or waived under applicable mandatory law. The Free Tier (Section 3.1(a)) is provided without charge and without time limit, enabling full evaluation of the Software prior to any purchase.

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

1. Definitions

1.1 "Software" means the Brain OS operating system software, including all associated files, libraries, modules, scripts, firmware, documentation, and any Updates provided by the Licensor.

1.2 "License Key" means the unique alphanumeric code provided by the Licensor that activates the Software for a specific License Tier.

1.3 "Hardware ID" or "HWID" means a unique, non-reversible cryptographic fingerprint (SHA-256 hash) derived from the combination of (a) the serial number of the USB storage device on which the Software is installed and (b) a hardware-burned identifier of the host computer (such as the motherboard's DMI product UUID or board serial number). The HWID therefore binds the license to a specific pairing of USB device and host hardware.

1.4 "License Tier" means the specific level of functionality granted to the User, as defined in Section 3.

1.5 "Update" means any patch, bug fix, feature update, new version, or other modification to the Software that the Licensor may, at its sole discretion, make available.

1.6 "Data Disks" means storage devices (hard drives, solid-state drives, or similar) managed by the Software for data storage purposes.

1.7 "User Data" means any and all files, documents, media, databases, configurations, and other data stored on Data Disks or otherwise managed through the Software.

1.8 "Known Issues List" means the dated, versioned list of known defects, limitations, and deviations of the current beta release of the Software published by the Licensor (see Section 5.2).

2. License Grant

2.1 Subject to the terms and conditions of this Agreement, the Licensor grants you a limited, non-exclusive, non-transferable (except as provided in Section 2.4), revocable license to install and use the Software on a single hardware configuration (one USB storage device paired with one host computer) for personal or internal business purposes, in accordance with your License Tier.

2.2 This license is granted to you as an individual or single legal entity. You may not sublicense, rent, lease, lend, or otherwise distribute the Software to any third party. You may not share, publish, or disclose your License Key to any third party. Although each License Key is cryptographically bound to a specific HWID and cannot be used on different hardware, the prohibition on disclosure exists to prevent attempted abuse, reverse engineering of the licensing system, and social engineering attacks.

2.3 The license is bound to the specific hardware configuration identified by its Hardware ID (HWID) at the time of activation. Because the HWID is derived from both the USB storage device and the host computer (see Section 1.3), any of the following changes will alter the HWID and render the license invalid unless the transfer procedure in Section 2.4 is followed:

  • (a) moving the USB device to a different host computer;
  • (b) replacing the USB storage device while keeping the same host computer;
  • (c) replacing the host computer's motherboard; or
  • (d) any other change that alters either hardware component used to generate the HWID.

2.4 License Transfer. You may transfer your license to a different hardware configuration (new USB device, new host computer, or both) a maximum of one (1) time per calendar year, provided that: (a) the transfer is initiated through the official transfer mechanism on the Licensor's website (brainos.wallinsolutions.se); (b) if the USB device is being replaced, the Software is completely removed from the original USB device; and (c) the Licensor approves the transfer request. The Licensor reserves the right to deny transfer requests where there is reasonable suspicion of abuse, fraud, or circumvention of this Agreement. Transfer of a license to a different person or entity is not permitted unless expressly authorized in writing by the Licensor.

2.5 No rights are granted to you other than as expressly set forth in this Agreement. All rights not expressly granted are reserved by the Licensor.

3. License Tiers and Fees

3.1 The Software is offered in the following License Tiers:

  • (a) Free Tier — Permits management of up to two (2) Data Disks. No payment required. Subject to all terms of this Agreement.
  • (b) Starter Tier — Permits management of up to three (3) Data Disks. One-time license fee as published on the Licensor's website at the time of purchase.
  • (c) Plus Tier — Permits management of up to five (5) Data Disks. One-time license fee as published on the Licensor's website at the time of purchase.
  • (d) Pro Tier — Permits management of up to eight (8) Data Disks. One-time license fee as published on the Licensor's website at the time of purchase.
  • (e) Ultimate Tier — Permits management of an unlimited number of Data Disks. One-time license fee as published on the Licensor's website at the time of purchase.
  • (f) Supporter Tier — Permits management of an unlimited number of Data Disks. Functionally identical to the Ultimate Tier. One-time license fee as published on the Licensor's website at the time of purchase. The Supporter Tier exists as a voluntary premium contribution for Users who wish to provide additional financial support to the development of the Software. You acknowledge that the difference in price between the Supporter Tier and the Ultimate Tier reflects a voluntary contribution to the project's development, not additional functionality. The right of withdrawal provisions in Section 4 apply; however, upon consenting to immediate delivery and receiving your License Key (per Section 4.2), no refund shall be due.

3.2 License fees are one-time payments. No recurring subscription is required for continued use at the purchased License Tier. However, the Licensor reserves the right to introduce new tiers, features, or services that may require additional payment.

3.3 Payments are processed through third-party payment processors (e.g., Stripe). The Licensor does not store your full payment card details. You agree to abide by the payment processor's terms of service in addition to this Agreement.

3.4 All prices are stated in Euros (EUR) unless otherwise indicated. You are responsible for any applicable taxes, duties, or fees imposed by your jurisdiction.

3.5 Users of the Free Tier are bound by all terms of this Agreement. The Licensor may modify, limit, or discontinue the Free Tier at any time without notice or liability.

3.6 Pre-Purchase Evaluation and Acceptance of Software Behavior.

(a) Permanent evaluation opportunity. The Free Tier (Section 3.1(a)) is offered without payment, without time limit, and with access to all Software features (subject only to the two-Data-Disk limit). This permanent Free Tier exists specifically so that you may evaluate the Software's functionality, performance, reliability, stability, and suitability for your specific use case before making any purchase decision. The Licensor strongly encourages every prospective purchaser to install and use the Free Tier on their target hardware for a meaningful period of time prior to purchasing any paid License Tier.

(b) Acknowledgment of evaluation opportunity. By purchasing a paid License Tier, you represent, warrant, and acknowledge that:

  • (i) You have had ample opportunity to evaluate the Software's behavior, performance, reliability, and stability through use of the Free Tier, public documentation, community forums, third-party reviews, or other means available to you;
  • (ii) Your decision to purchase a paid License Tier is based on your own independent evaluation of the Software's suitability for your purposes, and not on any representations, warranties, advertising claims, marketing materials, screenshots, feature descriptions, or other promotional statements (whether or not made or published by the Licensor);
  • (iii) The paid License Tier provides materially the same Software as the Free Tier (subject only to relaxed Data Disk count limits and licensing differences), and you therefore expect and accept that the Software will behave on your paid-tier installation in materially the same manner as you observed (or as a reasonable evaluation would have revealed) during Free Tier evaluation;
  • (iv) You assume the risk that the Software may behave on your paid-tier installation in the same manner as you observed, including any defects, limitations, unexpected behavior, hardware compatibility issues, or other characteristics you encountered or could have discovered through reasonable evaluation.

(c) Assumption of risk. To the maximum extent permitted by applicable law, any data loss, hardware damage, business interruption, downtime, or other loss or harm arising from Software behavior that was discoverable, or that ought to have been discoverable, through reasonable Free Tier evaluation shall be deemed assumed and accepted by the User. The Licensor shall have no liability for such losses. This provision recognizes the fundamental principle that a User who has been provided unlimited free pre-purchase evaluation opportunity bears responsibility for verifying the Software's suitability before committing to a paid purchase.

(d) No implied warranty from promotional materials. The Licensor makes no representation or warranty that the Software's behavior, performance, or reliability is different from, or better than, what is observable through Free Tier evaluation. Marketing materials, screenshots, demo videos, feature descriptions, performance claims, and similar promotional content published on the Licensor's website or any other channel are provided for informational and illustrative purposes only and do not constitute warranties, guarantees, or contractual representations regarding fitness for any purpose, merchantability, or performance characteristics.

(e) UCC § 2-316(3)(b) and comparable "examination" doctrines. For users in jurisdictions where the Uniform Commercial Code (UCC) applies to software licensing, or where analogous "examination" or "inspection" doctrines apply under local law, the User's opportunity to examine and use the Software through the Free Tier shall constitute "examination" within the meaning of UCC § 2-316(3)(b) and equivalent provisions, with the effect that all implied warranties (including warranties of merchantability and fitness for a particular purpose) are excluded as to defects that such examination has revealed or ought, in the circumstances, to have revealed.

(f) Free Tier Users. Free Tier Users have not made a purchase and are therefore not subject to the purchaser-specific representations in subsections (b)(i)–(iv) above. However, by installing and using the Free Tier, Free Tier Users similarly assume the risk of any data loss, hardware damage, or other harm arising from Software behavior, given the no-cost nature of the Free Tier (see Section 8.2 — total aggregate liability to Free Tier Users is capped at EUR 10).

(g) EU/EEA consumer carve-out. Nothing in this Section 3.6 shall exclude or limit any rights of consumers resident in the European Union or European Economic Area that cannot be waived by contract, including:

  • (i) Conformity-of-digital-content rights under Lag (2022:260) om digitalt innehåll implementing Directive (EU) 2019/770;
  • (ii) The right of withdrawal under the Distansavtalslag (subject to the Section 4.2 immediate-delivery waiver);
  • (iii) Mandatory consumer protection provisions of EU law including Directive 93/13/EEC on unfair contract terms.

Where such mandatory rights apply, the Licensor's obligations shall be limited to the minimum required by applicable law, taking into account (1) the User's evaluation opportunity through the Free Tier, (2) the beta nature of the Software during the beta period (Section 5), (3) the amount actually paid by the User, and (4) the nature and severity of the alleged non-conformity.

(h) Survival. This Section 3.6 shall survive termination of this Agreement.

4. Right of Withdrawal (Distance Purchases)

4.1 If you are a consumer within the European Union or European Economic Area and you have purchased a License Key at a distance (e.g., online), you have the right to withdraw from your purchase within fourteen (14) days from the date of purchase without giving any reason, in accordance with the Distansavtalslag (2005:59) implementing Directive 2011/83/EU.

4.2 By requesting immediate delivery of the License Key and acknowledging that you thereby waive your right of withdrawal once the digital content has been fully supplied, you consent to the immediate performance of this Agreement. You acknowledge that by receiving and activating the License Key, your right of withdrawal is lost. This is in accordance with Article 16(m) of Directive 2011/83/EU and Chapter 2, Section 11, point 1 of the Distansavtalslag. The Licensor will confirm the concluded contract — including your express consent to immediate delivery and your acknowledgment that the right of withdrawal is thereby lost — on a durable medium (e-mail) in accordance with the Distansavtalslag.

4.3 To exercise the right of withdrawal before receiving the License Key, you must notify the Licensor by email or through the website. Upon valid withdrawal, the Licensor will reimburse all payments received from you within fourteen (14) days.

5. Early Access / Beta Terms

5.1 Beta status. The Software is currently provided as an early access or beta product. You acknowledge and agree that the Software is in an early stage of development and is not a final, complete, or fully tested product.

5.2 Known Issues List. The Licensor maintains a dated, versioned Known Issues List that identifies the known defects, limitations, and deviations of the current beta release. The current Known Issues List is published at brainos.wallinsolutions.se/legal/known-issues and is referenced at the point of download, purchase, or promo-code redemption. The Software may additionally contain errors, defects, and inaccuracies that are not yet known or listed; features may be incomplete, unstable, or subject to change without notice, and functionality may be added, modified, or removed in any Update.

5.2A Acknowledgment of the Known Issues List. By installing the Software, and again by purchasing any paid License Tier, you confirm that you have had the opportunity to review the then-current Known Issues List. For paid License Tiers, where required by Lag (2022:260) om digitalt innehåll (implementing Article 8(5) of Directive (EU) 2019/770), specific deviations from the objective conformity requirements are presented to you for express and separate acceptance at the time of purchase; only deviations so accepted are excluded from the conformity assessment to the extent permitted by law.

5.3 The Licensor makes no representation or warranty that the Software will become a final, stable, or feature-complete product. The Licensor reserves the right to discontinue the Software or any feature thereof at any time without liability.

5.4 Assumption of beta risk. You expressly acknowledge that the use of beta software carries inherent and elevated risks, including but not limited to system instability, data corruption, data loss, hardware malfunction, and unexpected behavior. You accept these risks voluntarily.

5.4A No sole copies during beta. YOU ARE STRONGLY ADVISED NOT TO STORE ANY IRREPLACEABLE OR UNIQUELY VALUABLE FILES ON A BRAIN OS INSTALLATION AS YOUR SOLE COPY DURING THE BETA PERIOD. Maintain complete, independent backups of all data on separate storage not managed by the Software. The Licensor strongly recommends that during the beta period the Software be used for evaluation, testing, and non-critical storage only.

5.5 The beta status of the Software shall be a material factor in interpreting all disclaimers, limitations of liability, and warranty exclusions in this Agreement. Where applicable law permits reduced obligations or enhanced disclaimers for beta or pre-release software, such reduced obligations and enhanced disclaimers shall apply to the maximum extent permitted.

5.6 Beta license revocation. All licenses purchased or issued during the beta period may be revoked by the Licensor at any time, for any reason or for no reason, without prior notice and without obligation to provide an explanation. No refund, credit, compensation, or other remedy shall be due to the User upon such revocation, regardless of whether payment was made for the license. By purchasing a license during the beta period, you expressly acknowledge and accept this risk.

5.7 The beta period ends when the Licensor publicly announces the general availability ("GA") release of the Software. Licenses purchased during the beta period that have not been revoked shall remain valid after the beta period ends and shall thereafter be subject to the standard termination provisions of Section 12 (not this Section 5.6).

5.8 Bug reporting during beta. As a user of beta software, you are encouraged to report any bugs, errors, defects, unexpected behavior, data inconsistencies, or other issues encountered during your use of the Software. Bug reports should include a description of the issue, steps to reproduce (if known), screenshots or logs where available, and the Software version in use. Reports may be submitted through the channels designated on the Licensor's website or by email to the Licensor (see Section 22). While bug reporting is not a contractual obligation, your participation in identifying and reporting issues contributes to the improvement of the Software and is a voluntary condition of participating in the beta program. You acknowledge that the Licensor is under no obligation to fix, address, or respond to any bug report (see Section 7.4).

6. Data Loss Disclaimer and User Responsibility

6.1 This is network-attached storage (NAS) software that manages, organizes, and provides access to data stored on physical storage devices. By using this Software, you entrust the management of your data to the Software. You do so entirely at your own risk.

6.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR ACCEPTS NO LIABILITY, RESPONSIBILITY, OR OBLIGATION WHATSOEVER FOR ANY LOSS, CORRUPTION, DESTRUCTION, DEGRADATION, ALTERATION, UNAUTHORIZED ACCESS TO, THEFT OF, OR DAMAGE TO ANY USER DATA OR OTHER INFORMATION STORED ON, MANAGED BY, OR ACCESSED THROUGH THE SOFTWARE OR ANY STORAGE DEVICES MANAGED BY THE SOFTWARE, REGARDLESS OF THE CAUSE. This disclaimer covers, without limitation, loss or damage arising from:

  • (a) software bugs, errors, defects, crashes, failures, or malfunctions;
  • (b) incomplete, inaccurate, or faulty software functionality;
  • (c) data corruption during read, write, copy, move, delete, or any other file operation;
  • (d) disk management operations, including formatting, partitioning, array creation, array rebuilding, cache operations, disk pooling, disk replacement, or disk removal;
  • (e) failure of redundancy, parity, mirroring, caching, tiering, or any other data protection mechanism;
  • (f) hardware failure, degradation, or incompatibility of any storage device, controller, USB device, network interface, or other hardware;
  • (g) power loss, power surge, or improper shutdown;
  • (h) updates, upgrades, patches, or configuration changes to the Software;
  • (i) third-party software, plugins, applications, or Docker containers running on or alongside the Software;
  • (j) network failures, interruptions, or security breaches;
  • (k) user error, misconfiguration, or improper use;
  • (l) incompatibility with any hardware, software, firmware, or operating environment;
  • (m) any other cause whatsoever, whether known or unknown, foreseeable or unforeseeable, including causes arising from the Licensor's own negligence (to the maximum extent permitted by applicable law).

6.3 You are solely and exclusively responsible for maintaining adequate, independent, and regularly tested backups of all your data. The Software is not a substitute for a proper backup strategy. The Licensor strongly recommends that you maintain at least one complete, independent backup of all important data on a separate storage system not managed by the Software.

6.4 You acknowledge that no storage system, regardless of redundancy level, is a substitute for backups. RAID, mergerfs, cache pools, or any other data management feature provided by the Software do not constitute backups and should not be relied upon as such.

6.5 By using the Software, you expressly waive, to the maximum extent permitted by applicable law, any and all claims against the Licensor arising from or related to data loss, data corruption, or damage to User Data, regardless of the theory of liability (contract, tort, strict liability, or otherwise).

6.6 Nothing in this Section 6 shall exclude or limit liability that cannot be excluded or limited under mandatory provisions of applicable Swedish or European Union consumer protection law, including liability for damages caused intentionally or through gross negligence.

6.7 Product liability (mandatory law). Nothing in this Agreement limits or excludes any liability that cannot be limited or excluded under Produktansvarslagen (1992:18) or, for copies of the Software placed on the market or put into service on or after 9 December 2026, under the national law transposing Directive (EU) 2024/2853, which treats software as a product and may render the destruction or corruption of a natural person's non-professional data compensable. Any term of this Agreement that conflicts with such mandatory liability is, to that extent, of no effect.

7. Disclaimer of Warranties

7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." THE LICENSOR MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE.

7.2 The Licensor specifically disclaims all implied warranties, including but not limited to:

  • (a) any warranty of merchantability;
  • (b) any warranty of fitness for a particular purpose;
  • (c) any warranty of non-infringement;
  • (d) any warranty of title;
  • (e) any warranty arising from course of dealing, usage, or trade practice;
  • (f) any warranty that the Software will be uninterrupted, error-free, secure, accurate, reliable, or free of viruses or harmful components;
  • (g) any warranty that defects will be corrected.

7.3 The Licensor does not warrant that the Software will meet your requirements, that the operation of the Software will be continuous or error-free, or that the Software will be compatible with any particular hardware or software configuration.

7.4 No obligation to update, fix, or maintain. The Licensor is under no obligation to provide bug fixes, patches, security updates, feature updates, performance improvements, compatibility updates, or any other modifications to the Software. The Licensor is under no obligation to correct any errors, defects, bugs, or problems in the Software, regardless of their severity or impact. The Licensor is under no obligation to maintain the Software in any particular state of functionality or to ensure its continued compatibility with any hardware, software, or operating environment. Any Updates that the Licensor may choose to provide are offered voluntarily and at the Licensor's sole discretion (see Section 10).

7.5 Informed purchase. You acknowledge that the Software is available in a Free Tier (up to 2 Data Disks) with all features included and no time limit. By purchasing a paid license, you confirm that you have had the opportunity to evaluate the Software extensively through the Free Tier and that you are purchasing the Software in its current state, based on your own evaluation and assessment. The Licensor has made no promises, representations, or commitments regarding future features, improvements, bug fixes, or updates that influenced your purchase decision.

7.6 Where mandatory provisions of Swedish or EU consumer protection law (including Lag (2022:260) om digitalt innehåll) grant you rights that cannot be excluded by contract, such rights shall apply. In such cases, the Licensor's obligations shall be limited to the minimum required by applicable mandatory law, taking into account the beta nature of the Software and the amount paid (if any) by the User.

8. Limitation of Liability

8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR, ITS OWNER, EMPLOYEES, AGENTS, CONTRACTORS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:

  • (a) indirect, incidental, special, consequential, punitive, or exemplary damages;
  • (b) loss of profits, revenue, business, or anticipated savings;
  • (c) loss of data or User Data (as further disclaimed in Section 6);
  • (d) loss of goodwill or reputation;
  • (e) business interruption;
  • (f) cost of procurement of substitute goods or services;
  • (g) damage to or failure of hardware, including storage devices;

arising out of or in connection with this Agreement or the use of or inability to use the Software, regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise), even if the Licensor has been advised of the possibility of such damages.

8.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO THE LICENSOR FOR THE LICENSE KEY WITHIN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR FREE TIER USERS, THE LICENSOR'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED TEN EUROS (EUR 10.00).

8.3 The limitations in this Section 8 shall apply to the fullest extent permitted by applicable law. Nothing in this Agreement shall exclude or limit liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) product liability that cannot be excluded or limited under Produktansvarslagen (1992:18) or the national law transposing Directive (EU) 2024/2853 (see Section 6.7); or (d) any other liability that cannot be excluded or limited under mandatory provisions of applicable Swedish or European Union law.

8.4 You acknowledge that the limitations of liability in this Section 8 are a fundamental element of this Agreement and that the Licensor would not provide the Software without such limitations.

8.5 Personal liability of natural persons. For the avoidance of doubt, the limitations and exclusions of liability set forth in this Section 8 apply equally and in full to Robert Wallin personally and to any other natural person who is a past, present, or future owner, director, officer, shareholder, employee, agent, contractor, advisor, or representative of Wallin Solutions AB. No claim may be brought against any such natural person in their personal capacity for any matter arising out of or in connection with this Agreement, the Software, the Licensor's website, the Licensor's licensing infrastructure, or any other matter related to Brain OS. The User expressly waives any right to "pierce the corporate veil" or otherwise attempt to impose corporate liability upon any natural person, except to the extent that such waiver is prohibited by mandatory provisions of applicable law. This protection is a material element of the consideration the Licensor accepts in exchange for granting the License.

8.6 Indemnification by User. To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Licensor, Wallin Solutions AB, Robert Wallin, and all of the Licensor's owners, directors, officers, shareholders, employees, agents, contractors, advisors, representatives, and affiliates (collectively, the "Indemnified Parties") from and against any and all third-party claims, demands, lawsuits, actions, proceedings, judgments, awards, settlements, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with:

  • (a) your violation or alleged violation of this Agreement, including without limitation Section 17.6 (Acceptable Use);
  • (b) your storage, processing, transmission, or distribution of any data or content using the Software, including any User Data that infringes third-party intellectual property rights, is illegal in any jurisdiction, is defamatory, or violates the privacy or other rights of any person;
  • (c) your storage, processing, distribution, or facilitation of access to child sexual abuse material (CSAM), terrorism-related content, or any other content the possession or distribution of which is a criminal offense in any jurisdiction;
  • (d) your distribution of malware, conduct of cyberattacks, or other activity from or through your Brain OS installation that causes harm to third parties;
  • (e) your circumvention, attempted circumvention, or unauthorized use of the Software's license enforcement mechanisms, including but not limited to license sharing, reverse engineering of the licensing system, or fraudulent activation;
  • (f) your violation of any applicable law, regulation, or third-party right in connection with your use of the Software;
  • (g) any third-party application, plugin, Docker container, or other software that you install on or alongside the Software, including all consequences thereof;
  • (h) your gross negligence, willful misconduct, or fraud in connection with the Software or this Agreement.

The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User shall cooperate with the Indemnified Parties in asserting any available defenses. The User shall not settle any matter affecting the Indemnified Parties without the prior written consent of the affected Indemnified Party. This Section 8.6 shall survive termination of this Agreement.

8.7 Insurance limitation. To the maximum extent permitted by applicable law, any liability of the Licensor that is not excluded under this Section 8 shall further be limited to the proceeds (if any) actually recovered by the Licensor under any applicable insurance policy in respect of the claim, less any deductible, retention, or self-insured amount. The User acknowledges that the Licensor's insurance coverage may exclude certain jurisdictions (including but not limited to the United States and Canada) and certain types of claims, in which case the available insurance proceeds may be zero. The Licensor is under no obligation to maintain any particular insurance policy or coverage amount, and any change in the Licensor's insurance coverage shall not give rise to any claim or right of action by the User.

8.8 Free Tier — acknowledgment of no-cost provision. The Software is provided to Free Tier Users entirely free of charge. Free Tier Users acknowledge and agree that, in consideration of receiving the Software at no cost, they assume all risk of any kind arising from use of the Software, and that the Licensor's total aggregate liability to Free Tier Users is capped at EUR 10 per the limits in Section 8.2. This minimum cap reflects nominal consideration only and does not represent a measure of actual or expected damages. Free Tier Users who require greater liability assurance are encouraged to purchase a paid License Tier.

8.9 Cumulative effect. The limitations, exclusions, disclaimers, and protections in this Section 8, in Section 3.6 (Pre-Purchase Evaluation and Acceptance), in Section 5 (Early Access / Beta Terms), in Section 6 (Data Loss Disclaimer), in Section 7 (Disclaimer of Warranties), and in Section 17 (User Responsibilities) are cumulative and each operates independently of the others. The invalidation, modification, or non-applicability of any one such limitation, exclusion, disclaimer, or protection shall not affect the operation of any other, which shall continue to apply to the maximum extent permitted by applicable law.

9. Intellectual Property

9.1 The Software, including all code, design, architecture, documentation, trademarks, trade names, logos, and other materials, is and shall remain the exclusive intellectual property of the Licensor. This Agreement does not transfer any ownership rights to you.

9.2 You shall not, and shall not permit any third party to:

  • (a) copy, reproduce, or duplicate the Software except as necessary for normal use and backup;
  • (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software;
  • (c) modify, adapt, translate, or create derivative works based on the Software;
  • (d) remove, alter, or obscure any proprietary notices, labels, or marks on the Software;
  • (e) distribute, sublicense, sell, resell, lease, rent, or lend the Software or License Key to any third party;
  • (f) use the Software to develop a competing product or service;
  • (g) circumvent, disable, or tamper with any license enforcement, hardware binding, or copy protection mechanisms in the Software;
  • (h) publish, disclose, or make available to third parties any performance benchmarks or analysis of the Software without the Licensor's prior written consent.

9.3 "Brain OS" and associated logos, icons, and visual identity elements are trademarks of Wallin Solutions AB. These marks may not be used, reproduced, or displayed without prior written permission from the Licensor, except as required for factual reference to the Software (e.g., in reviews or compatibility statements).

10. Updates and Modifications

10.1 The Licensor may, at its sole discretion, provide Updates to the Software. The Licensor is under no obligation to develop, release, or deliver any Updates. The availability of Updates does not create any entitlement to future Updates.

10.2 Updates may be delivered automatically through built-in update mechanisms. By using the Software, you consent to the automatic download and installation of Updates. If you do not wish to receive automatic Updates, you may disable this functionality in the Software settings where available, but the Licensor shall not be liable for any issues arising from the use of outdated versions.

10.3 All Updates shall be subject to the terms of this Agreement unless accompanied by a separate or updated agreement.

10.4 The Licensor reserves the right to modify, suspend, or discontinue any feature or functionality of the Software at any time, with or without notice. The Licensor shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Software or any feature thereof.

11. Support

11.1 The Licensor is under no obligation to provide technical support, maintenance, training, consulting, or any other assistance in connection with the Software.

11.2 Any support that the Licensor may choose to provide is offered voluntarily and may be modified or discontinued at any time without notice or liability. The provision of support in one instance does not create an obligation to provide support in any future instance.

11.3 Community forums, documentation, or other resources that the Licensor may make available are provided for informational purposes only and without any warranty or guarantee of accuracy.

12. Termination

12.1 This Agreement is effective from the date you first install or use the Software and continues until terminated.

12.2 Termination by User. You may terminate this Agreement at any time by uninstalling and ceasing all use of the Software, and by destroying or deleting all copies of the Software in your possession or control.

12.3 Termination by Licensor for cause. The Licensor may terminate this Agreement if the Licensor has reasonable belief that:

  • (a) you have materially breached any term or condition of this Agreement and have failed to cure such breach within fourteen (14) days of receiving written notice thereof;
  • (b) you are using the Software for any unlawful purpose, including but not limited to distribution of illegal content, circumvention of copyright protections, or facilitation of criminal activity;
  • (c) you have engaged in fraud, misrepresentation, or abuse in connection with the License Key, Hardware ID, or the licensing system;
  • (d) you have attempted to circumvent, disable, or tamper with any license enforcement, hardware binding, or copy protection mechanism in the Software; or
  • (e) you have distributed, sublicensed, resold, or made the Software or License Key available to unauthorized third parties.

For the purposes of this Section, "reasonable belief" means that the Licensor has identified facts, circumstances, or technical indicators that would lead a reasonable person to conclude that the specified conduct has occurred. The Licensor is not required to prove the conduct to any particular evidentiary standard before exercising its termination rights under this Section.

12.4 Notice and cure. Except in cases of fraud (Section 12.3(c)) or license circumvention (Section 12.3(d)), the Licensor shall provide you with written notice specifying the grounds for termination and a fourteen (14) day period to cure the breach. If you cure the breach within this period, the Agreement shall continue in full force and effect. In cases of fraud or license circumvention, termination may take effect immediately upon notice.

12.5 Effects of termination. Upon termination:

  • (a) all rights granted to you under this Agreement shall immediately cease;
  • (b) you shall immediately cease all use of the Software;
  • (c) you shall destroy or delete all copies of the Software in your possession or control;
  • (d) any License Key associated with your license shall be deactivated;
  • (e) your User Data remains your property. Before or during the termination notice period, you are responsible for retrieving your User Data from your storage devices. The Licensor has no access to your User Data and cannot assist with data retrieval.

12.6 Refund on Licensor-initiated termination. If the Licensor terminates this Agreement under Section 12.3 for any reason other than fraud (12.3(c)) or license circumvention (12.3(d)), you shall be entitled to a pro-rata refund of the license fee paid, calculated based on the time elapsed since purchase relative to a notional five (5) year license period. No refund shall be issued in cases of fraud or license circumvention.

12.7 License degradation. If the Software has been successfully validated against the Licensor's license server at least once, the license shall remain fully valid regardless of subsequent network connectivity. Network failures alone will never trigger degradation of a previously-validated license; only an explicit server-confirmed revocation (Section 12.3) can deactivate such a license. For licenses that have never been successfully validated online (e.g., a newly activated license on a system without internet access), if the Software is unable to contact the Licensor's license server for thirty (30) consecutive days, the local license file will be removed and the Software will revert to the Free Tier (2 Data Disk limit). Upon reversion to the Free Tier:

  • (a) all User Data remains intact on all storage devices. Disks that were mounted at the time of deactivation remain mounted and fully readable and writable. The Software does not delete, unmount, or restrict access to existing data;
  • (b) you may not add new Data Disks beyond the Free Tier limit until your license is revalidated;
  • (c) full functionality at your purchased License Tier is restored automatically upon successful license revalidation. Revalidation occurs automatically when the Software is able to reach the Licensor's license server;
  • (d) this reversion is a temporary technical safeguard against license abuse and does not constitute a termination of this Agreement or a forfeiture of your license rights;
  • (e) the thirty (30) day grace period is designed to account for temporary server outages, scheduled maintenance, and other interruptions. The Licensor shall not be liable for any reversion of the Software to the Free Tier caused by unavailability of the license validation server, whether due to server downtime, maintenance, cyberattacks on the Licensor's infrastructure, internet outages, DNS failures, or any other cause beyond the Licensor's reasonable control. Such events are also subject to the Force Majeure provisions of Section 16;
  • (f) note: while existing disks remain accessible after reversion, a subsequent system reboot while in the Free Tier may result in the Software only mounting Data Disks up to the Free Tier limit. To avoid this, ensure internet connectivity is restored before rebooting;
  • (g) online validation responsibility. It is the User's responsibility to ensure that the device running Brain OS is connected to the internet at least once within thirty (30) days of license activation so that the license can be validated against the Licensor's license server. A license that has been successfully validated at least once is permanently protected against future network disruptions — no subsequent online validation is required. Failure to validate the license within the thirty (30) day period may result in automatic reversion to the Free Tier as described above. The Licensor shall not be liable for any loss of functionality resulting from the User's failure to validate the license within this period.

12.8 Dissolution of Licensor. In the event that Wallin Solutions AB ceases to operate as a business entity, is dissolved, enters into bankruptcy or insolvency proceedings, or otherwise permanently discontinues its business activities (a "Dissolution Event"):

  • (a) for licenses that have been successfully validated online at least once prior to the Dissolution Event (as described in Section 12.7(g)), the license shall automatically convert to a perpetual, irrevocable, royalty-free license to use the Software at the License Tier active at the time of the Dissolution Event. This perpetual license shall be validated solely by the Ed25519 digital signature embedded in the License Key and shall not require any server communication, online validation, or periodic check. The license degradation mechanism described in Section 12.7 shall cease to apply. For licenses that have never been successfully validated online at the time of a Dissolution Event, the Licensor shall use reasonable efforts to deliver the signed License Key to the User via email or other means, but shall bear no obligation to do so and no refund shall be due if such delivery is not possible;
  • (b) all obligations of the Licensor under this Agreement — including but not limited to the obligation to provide Updates, maintain the license validation server, process hardware transfers, or provide any form of support — shall cease permanently and irrevocably upon the Dissolution Event;
  • (c) no refunds shall be due for licenses purchased prior to the Dissolution Event, regardless of the manner or cause of dissolution. The conversion to a perpetual license under Section 12.8(a) — or, for unvalidated licenses, the reasonable-efforts delivery obligation under Section 12.8(a) — constitutes full and final satisfaction of the Licensor's obligations with respect to the license. The User acknowledges that the risk of company dissolution is inherent in any commercial relationship and that the perpetual license conversion is adequate consideration for the license fee paid;
  • (d) any claims by the User arising under this Agreement must be asserted within six (6) months of the effective date of the Dissolution Event. Claims not asserted within this period shall be deemed waived and forever barred, to the maximum extent permitted by applicable law;
  • (e) upon the expiry of the claims period in Section 12.8(d), the User and the Licensor — including Robert Wallin personally, and any past, present, or future owners, directors, officers, employees, agents, successors, and assigns of Wallin Solutions AB (collectively, the "Released Parties") — shall be mutually and irrevocably released from all obligations, liabilities, claims, demands, actions, causes of action, suits, debts, damages, costs, and expenses of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising under any legal theory whatsoever — including but not limited to contract, tort, negligence, strict liability, product liability (Produktansvarslagen (1992:18)), consumer protection statutes, and any other statutory, regulatory, or equitable theory — that arise out of, relate to, or are in any way connected with this Agreement, the Software, the use or inability to use the Software, the Dissolution Event, or any act or omission of the Released Parties prior to or in connection with the Dissolution Event;
  • (f) the Licensor shall use reasonable efforts, prior to or upon a Dissolution Event, to release a Software update that removes the periodic license validation requirement, enabling all licensed installations to continue operating at their purchased License Tier without any server dependency. However, the failure to release such an update shall not affect the validity of the perpetual license granted under Section 12.8(a), which takes effect automatically by operation of this Agreement.

Nothing in this Section 12.8 shall limit the User's rights under mandatory provisions of applicable consumer protection law (including Konsumentköplagen and Lag (2022:260) om digitalt innehåll) or applicable insolvency law. For the avoidance of doubt, to the maximum extent permitted by applicable law, it is the intent of the parties that upon expiry of the claims period in Section 12.8(d), neither party shall have any further recourse against the other in respect of the Software, this Agreement, or any matter arising therefrom.

12.9 Survival. Sections 3.6, 6, 7, 8, 9, 12.6, 12.8, 14, 14A, 15, 16, 17, and 20 shall survive termination of this Agreement.

13. Modification of Terms

13.1 The Licensor reserves the right to modify, amend, or replace this Agreement at any time. Updated terms will be posted on the Licensor's website (brainos.wallinsolutions.se) and may also be communicated through the Software.

13.2 Your continued use of the Software after the posting of modified terms constitutes your acceptance of the modified terms. If you do not agree to the modified terms, your sole remedy is to cease using the Software.

13.3 Material changes to this Agreement will be communicated with at least thirty (30) days' notice before taking effect. Non-material changes may take effect immediately upon posting.

13.4 Where mandatory provisions of applicable law require your affirmative consent to material changes, such provisions shall prevail.

14. Governing Law and Dispute Resolution

14.1 Governing law. This Agreement shall be governed by and construed in accordance with 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 expressly excluded.

14.2 Exclusive forum — Stockholm. Subject to Sections 14.3 and 14.5, any dispute, controversy, claim, or cause of action arising out of, relating to, or in connection with this Agreement, the Software, the Licensor's website, the Licensor's licensing infrastructure, or the relationship between the parties (each, a "Dispute") shall be subject to the exclusive jurisdiction of Stockholms tingsrätt (Stockholm District Court, Sweden) as the court of first instance, with the Swedish appellate courts as the courts of appeal. The User hereby (a) consents to the personal jurisdiction of the Stockholm District Court, (b) waives any objection to venue or to the convenience of the forum, and (c) agrees that this forum-selection clause shall be enforced under Atlantic Marine Construction Co. v. United States District Court, 571 U.S. 49 (2013), and analogous principles of forum non conveniens in other jurisdictions. The User acknowledges that proceedings before the Stockholm District Court are conducted under Swedish civil procedure, which does not provide for civil jury trials.

14.3 EU/EEA consumer carve-out. Notwithstanding Section 14.2, 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 (Brussels I Recast). Likewise, the Licensor may only sue an EU/EEA consumer in the courts of the Member State where the consumer is domiciled.

14.4 EU Online Dispute Resolution. If you are a consumer resident in the European Union, you may also submit disputes to the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr/. The Licensor's email address for ODR purposes is robban@techflip.se.

14.5 Licensor's IP enforcement carve-out. Nothing in this Agreement shall prevent the Licensor from seeking injunctive, declaratory, or other equitable relief in any court of competent jurisdiction worldwide to protect its intellectual property rights, trade secrets, confidential information, or to prevent unauthorized use, distribution, or circumvention of the Software or its licensing system.

14A. Dispute Resolution for Users Outside the EU/EEA

The following Sections 14.6 through 14.14 apply to Users who are not resident in the European Union or European Economic Area. EU/EEA consumers are protected by the carve-outs in Sections 14.3 and 14.4 and the mandatory law preservation in Section 14.14, and are not subject to the waivers and limitations in Sections 14.7 through 14.10. References below to "you" or "the User" in Sections 14.6–14.10 refer only to Users outside the EU/EEA.

14.6 Mandatory pre-suit notice and good-faith negotiation. Before initiating any formal legal proceeding against the Licensor (or any Indemnified Party as defined in Section 8.6), you must:

  • (a) send written notice to the Licensor at robban@techflip.se describing in reasonable detail the nature of the Dispute, the relief sought, and the factual basis therefor (a "Pre-Suit Notice");
  • (b) wait at least ninety (90) days from the date the Licensor acknowledges receipt of the Pre-Suit Notice (or, if no acknowledgment is received, ninety (90) days from the date the Pre-Suit Notice was sent), during which period the parties shall engage in good-faith negotiation to attempt to resolve the Dispute amicably; and
  • (c) only after the ninety (90) day period has expired without amicable resolution, you may initiate formal legal proceedings, subject always to the forum selection in Section 14.2 and the waivers in Sections 14.7 through 14.10.

Any formal legal proceeding initiated without compliance with this Section 14.6 shall be subject to immediate dismissal, and you shall reimburse the Indemnified Parties for any costs (including reasonable attorneys' fees) incurred in obtaining such dismissal.

14.7 Class action, collective action, and representative action waiver.

(a) You agree that any Dispute shall be brought, prosecuted, and resolved only on an individual basis, and not as a class action, collective action, mass action, consolidated action, representative action, private attorney general action, or any other form of aggregate proceeding.

(b) You expressly waive any right (i) to participate as a class member, collective member, or representative party in any class, collective, or representative proceeding against the Licensor or any Indemnified Party; (ii) to serve as a class representative or representative plaintiff; (iii) to consolidate your Dispute with the Disputes of other Users; and (iv) to seek class-wide, collective, or representative relief of any kind, including class-wide damages, class-wide injunctive relief, or class-wide declaratory relief.

(c) If at any point a court or tribunal determines that this class-action waiver is unenforceable as to a particular claim or remedy, then such particular claim or remedy shall proceed in court on an individual basis only, and the remainder of this Agreement (including the forum selection in Section 14.2 and the other waivers in this Section 14) shall continue to apply in full force.

(d) This waiver is a material element of the bargain between you and the Licensor. The Licensor would not provide the Software (including the Free Tier) without this waiver.

14.8 Jury trial waiver.

(a) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SOFTWARE, OR THE LICENSOR. You acknowledge that the Stockholm District Court (the exclusive forum under Section 14.2) does not conduct civil jury trials, and you agree that the forum selection in Section 14.2 operates as a functional jury-trial waiver in accordance with EpicentRx, Inc. v. Superior Court, S282844 (Cal. July 21, 2025), and analogous authority in other jurisdictions.

(b) For Users resident in any jurisdiction (including California) where pre-dispute contractual waiver of jury trial is restricted or unenforceable: you acknowledge that the waiver in subsection (a) above operates independently of the forum selection in Section 14.2. If the waiver in subsection (a) is held unenforceable as to you, the forum selection in Section 14.2 (directing the Dispute to a non-jury forum) nevertheless remains fully enforceable.

(c) You represent that you make this waiver knowingly, voluntarily, and after having had the opportunity to consult with counsel of your choice.

14.9 No class arbitration. The Licensor does not consent to arbitration as a forum for disputes under this Agreement. To the extent any tribunal nevertheless determines that arbitration applies to a Dispute (notwithstanding the forum selection in Section 14.2), such arbitration shall be conducted only on an individual basis. Class arbitration, collective arbitration, mass arbitration, and consolidated arbitration are expressly forbidden. The Licensor has not agreed to class arbitration in any form. See Lamps Plus, Inc. v. Varela, 139 S. Ct. 1407 (2019); Stolt-Nielsen S.A. v. AnimalFeeds Int'l Corp., 559 U.S. 662 (2010). Where the User has separately accepted the Brain OS Beta Tester Agreement, the individual arbitration clause of that agreement governs Disputes within its scope as set out therein.

14.10 Contractual statute of limitations.

(a) Any claim arising out of or related to this Agreement, the Software, or the Licensor must be filed within one (1) year after the cause of action first accrues. Any claim filed after the one-year period shall be permanently barred.

(b) The one-year limitation period begins to run on the date the User knew or, in the exercise of reasonable diligence considering the Free Tier evaluation opportunity (Section 3.6), should have known of the facts giving rise to the claim. To the maximum extent permitted by applicable law, the discovery rule and equitable tolling are excluded.

(c) The Licensor retains the full statutory limitations period otherwise available under Swedish law for claims that the Licensor may bring against the User.

(d) For Users resident in jurisdictions where contractual shortening of the limitations period below a statutory minimum is unenforceable, the limitations period shall be the longer of (i) one year from accrual or (ii) the shortest period permitted by applicable mandatory law, but in no event longer than the statutory period.

14.11 Small claims court carve-out (US Users). Notwithstanding Section 14.2, for Users resident in the United States, the Licensor consents to the User bringing an individual Dispute in the small claims court of the User's county of residence, provided that (a) the amount in controversy does not exceed the small claims jurisdictional limit of that court (typically USD 10,000 or less), (b) the claim is brought on an individual basis (the waivers in Sections 14.7 and 14.8 continue to apply), and (c) the User otherwise complies with the pre-suit notice requirement in Section 14.6. This carve-out exists to preserve the enforceability of this Section 14 under the laws of certain US states that require a small-claims-court alternative.

14.12 No punitive or multiple damages. To the maximum extent permitted by applicable law, the User waives any right to recover punitive, exemplary, treble, statutory-multiple, or other non-compensatory damages from the Licensor or any Indemnified Party. This Section 14.12 operates independently of, and in addition to, the limitations of liability in Section 8.

14.13 Severability of waivers (cascading fall-back). If any waiver in Sections 14.7, 14.8, 14.9, 14.10, or 14.12 is held invalid, unenforceable, or inapplicable as to a particular User or claim, the following cascading fall-back shall apply, in order:

  • (a) first, the invalid waiver shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the maximum protection of the Licensor;
  • (b) second, if modification is not possible, the invalid waiver shall be severed but the other waivers and the forum selection in Section 14.2 shall continue to apply in full force;
  • (c) third, if multiple waivers are invalidated for the same User, the forum selection in Section 14.2 (directing Disputes to Stockholm under Swedish law) shall nevertheless continue to apply, on the principle that the forum selection is a foundational element of the Licensor's willingness to license the Software outside the EU/EEA;
  • (d) fourth, if the forum selection in Section 14.2 is itself held unenforceable as to a particular User or claim, this Agreement shall be construed as if the User had never been granted the License, and the User shall have no greater rights against the Licensor than a person who never installed the Software.

14.14 EU mandatory law preservation. Nothing in Sections 14.6 through 14.13 shall (a) apply to consumers resident in the European Union or European Economic Area, or (b) exclude, limit, or modify any right, remedy, or protection that cannot be excluded by contract under mandatory provisions of Swedish or EU law, including consumer protection law, product liability law, or laws prohibiting unfair contract terms (Directive 93/13/EEC).

15. Severability and Savings Clause

15.1 If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties. If such modification is not possible, the provision shall be severed from this Agreement.

15.2 The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall continue in full force and effect.

15.3 Where a provision is held invalid as to its scope or breadth, it shall remain valid to the maximum scope or breadth permitted by applicable law.

15.4 Defense-in-depth construction. This Agreement is intentionally drafted with multiple, independently operating layers of protection for the Licensor (including but not limited to the disclaimers in Sections 5, 6, and 7; the limitations of liability in Section 8; the indemnification in Section 8.6; the insurance limitation in Section 8.7; the pre-purchase evaluation acceptance in Section 3.6; the user responsibilities in Section 17; the dispute resolution provisions in Section 14; and the cascading severability fall-back in Section 14.13). Each such layer is intended to operate independently of the others. The invalidation, modification, or non-applicability of any one such layer shall not affect the validity, applicability, or operation of any other layer, each of which shall continue to apply to the maximum extent permitted by applicable law. Any court or tribunal construing this Agreement is requested to give maximum effect to the parties' intent that the Licensor's exposure be minimized within the limits of mandatory law.

15.5 Free Tier recognition. In any judicial or arbitral construction of this Agreement, the court or tribunal is requested to take into account the fact that the Software is offered with a permanent, no-cost, no-time-limit Free Tier (Section 3.1(a)) which provides full evaluation opportunity prior to any purchase. This Free Tier is a material element of the Licensor's risk-allocation bargain and supports the reasonableness of the disclaimers, limitations, and waivers herein.

15.6 Jurisdiction-specific limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, OR LIABILITIES (INCLUDING FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES). IN ANY SUCH JURISDICTION, THE EXCLUSIONS AND LIMITATIONS IN THIS AGREEMENT SHALL APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY THE LAW OF THAT JURISDICTION, AND THE REMAINDER OF THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT. NOTHING IN THIS AGREEMENT AFFECTS RIGHTS THAT CANNOT BE WAIVED OR LIMITED UNDER APPLICABLE MANDATORY LAW.

16. Force Majeure

16.1 The Licensor shall not be liable for any failure or delay in performing its obligations under this Agreement to the extent that such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, epidemics, pandemics, war, terrorism, civil unrest, government actions, sanctions, embargoes, labor disputes, power failures, internet outages, cyberattacks, third-party service provider failures, or failures of telecommunications infrastructure.

16.2 If a force majeure event continues for more than ninety (90) days, either party may terminate this Agreement by written notice to the other party.

17. User Responsibilities

17.1 You are solely responsible for:

  • (a) maintaining adequate, independent, and regularly tested backups of all User Data on storage media not managed by the Software, and verifying the recoverability of such backups on a regular basis;
  • (b) ensuring that your hardware meets the minimum requirements for the Software and is in good working order;
  • (c) maintaining the physical security and integrity of your storage devices and USB boot device;
  • (d) securing your network, systems, accounts, and credentials against unauthorized access;
  • (e) complying with all applicable laws and regulations in your use of the Software, including without limitation laws governing copyright, illegal content, export controls, sanctions, data protection, and labor;
  • (f) evaluating the suitability, functionality, performance, and reliability of the Software for your specific needs and use case prior to making any purchase, through use of the Free Tier (Section 3.1(a)) and/or other evaluation means available to you (see also Section 3.6 — Pre-Purchase Evaluation and Acceptance);
  • (g) monitoring disk health, SMART status, storage capacity, system status, security alerts, and audit logs on a regular basis;
  • (h) maintaining a stable and adequate power supply for all connected hardware, including uninterruptible power supply (UPS) where appropriate;
  • (i) maintaining a stable and reliable network connection appropriate to your use of the Software, particularly when using encrypted disks (see Section 17.5 — Mandatory Security Features);
  • (j) reviewing this Agreement, the Privacy Policy, the Terms of Service, and any updates thereto, and ensuring your use of the Software remains in compliance with the current versions of those documents;
  • (k) obtaining and maintaining any third-party licenses, subscriptions, or permissions required for any third-party software, content, or services you use in conjunction with the Software.

17.2 The Licensor is not responsible for any damage or loss resulting from your failure to fulfill the responsibilities described in this Section 17.

17.3 Security configuration responsibility. The Software provides configurable security settings that you may modify through the Software's user interface. You acknowledge and agree that:

  • (a) you are solely responsible for any changes you make to the Software's security configuration, including but not limited to firewall rules, encryption settings, grace periods, VPN configuration, SSH access settings, password policies, and any other security-related parameters;
  • (b) modifying security settings from their defaults may reduce the protection of your system and User Data against unauthorized access, data loss, or other security threats;
  • (c) the Licensor provides the Software with secure default settings that reflect best practices for system security. Any deviation from these defaults is at your own risk.

17.4 Presumption of user modification. Where the Software's security configuration at the time of an incident differs from the default configuration as shipped by the Licensor, it shall be presumed that such changes were made by the User or at the User's direction. This presumption may be rebutted by evidence demonstrating that the configuration was altered without the User's knowledge or consent (e.g., through a verified third-party exploit). The burden of providing such evidence rests with the User.

17.5 Mandatory security features. The Software incorporates certain security features that are fundamental to its architecture and cannot be disabled, bypassed, or modified by the User. These mandatory features include, but are not limited to:

  • (a) Network Disconnection Response ("Network Panic"): if the system detects a loss of network connectivity (including disconnection of the Ethernet cable or loss of the network link), the Software will automatically initiate an immediate forced reboot. This causes all LUKS encryption keys held in RAM to be destroyed, rendering all encrypted disks inaccessible until the correct encryption credentials (PIN or password) are provided at next boot. This feature is designed to protect encrypted data in the event of physical theft, unauthorized physical access, or tampering. The reboot is forceful and immediate, and cannot be interrupted, delayed, or prevented once initiated. The grace period before reboot is configurable but defaults to three (3) seconds;
  • (b) Ephemeral cache encryption: cache drives used for temporary or tiered storage are encrypted using keys that exist only in RAM and are never written to persistent storage. These keys are destroyed on every reboot, rendering all cached data permanently unrecoverable after any shutdown, reboot, or power loss;
  • (c) Encryption architecture: where LUKS full-disk encryption is enabled on data or parity disks, the parity protection system operates on encrypted blocks (ciphertext), not on plaintext data. Parity data therefore contains only encrypted blocks that are unreadable without the corresponding encryption key.

You acknowledge and agree that these mandatory security features are an integral and non-negotiable aspect of the Software's security-first design. The Software is fundamentally designed around the principle that data protection takes precedence over availability. The Licensor shall not be liable for any consequences arising from the normal operation of these mandatory security features, including but not limited to:

  • (i) loss of access to encrypted data due to a network disconnection event or any other trigger of the Network Disconnection Response;
  • (ii) loss of cached data due to reboot, power loss, shutdown, or the destruction of ephemeral encryption keys;
  • (iii) wear, degradation, or reduced lifespan of storage devices (including hard disk drives, solid-state drives, and NVMe drives) caused by frequent reboots triggered by the Network Disconnection Response or by any other mandatory security mechanism;
  • (iv) business interruption, downtime, loss of availability, or inability to access User Data caused by the operation of mandatory security features;
  • (v) any other consequence arising directly or indirectly from the security-first design philosophy of the Software.

You are advised to maintain a stable and reliable network connection at all times when using the Software with encrypted disks. Frequent or prolonged network interruptions will result in repeated forced reboots, which may cause premature wear on storage devices and data loss from incomplete write operations. The Licensor expressly disclaims all liability for hardware wear, degradation, or failure resulting from the operation of mandatory security features, to the maximum extent permitted by applicable law.

17.6 Acceptable use. You agree not to use the Software:

  • (a) for any purpose that is unlawful under the laws of Sweden, the European Union, or the jurisdiction in which you reside;
  • (b) to store, distribute, or make available any content that infringes the intellectual property rights of any third party;
  • (c) to store, distribute, or facilitate access to child sexual abuse material (CSAM) or any other content whose possession or distribution is a criminal offense;
  • (d) to distribute malware, conduct cyberattacks, or engage in any activity that compromises the security or integrity of third-party systems or networks;
  • (e) to circumvent, undermine, or interfere with the Software's license enforcement mechanisms.

Violation of this Section 17.6 constitutes a material breach of this Agreement and may result in immediate termination under Section 12.3.

17.7 The Licensor is not responsible for any damage, loss, or legal consequences resulting from the User's use of the Software in violation of this Section 17.

18. Third-Party Software and Open-Source Components

18.1 The Software may include, incorporate, or depend upon third-party software components, including open-source software. Such components are subject to their own respective licenses, which may grant you additional rights or impose additional obligations.

18.2 A list of third-party components and their licenses may be made available within the Software or on the Licensor's website. It is your responsibility to review and comply with such licenses.

18.3 The Licensor makes no warranty or representation regarding third-party software and accepts no liability for any issues arising from third-party components, to the maximum extent permitted by applicable law.

18.4 Third-party applications, plugins, Docker containers, or other software installed by the User on or alongside the Software are not covered by this Agreement. The Licensor accepts no liability for any such third-party software.

19. Export Compliance

19.1 You acknowledge that the Software may be subject to export control laws and regulations, including those of Sweden, the European Union, and other jurisdictions. You agree to comply with all applicable export laws and regulations and shall not export, re-export, or transfer the Software to any prohibited country, entity, or person.

19.2 You represent and warrant that you are not located in, a national of, or a resident of any country subject to comprehensive trade sanctions or embargoes, and that you are not listed on any government restricted party list.

20. Privacy and Data Collection

20.1 The Licensor's collection, use, and processing of personal data is governed by the Licensor's Privacy Policy, available at brainos.wallinsolutions.se. By using the Software, you acknowledge that you have read and understood the Privacy Policy.

20.2 The Software performs periodic license validation checks as described in detail in the Privacy Policy (Section 3.7). During these checks, the Software transmits only the Hardware ID (HWID). No other data — including the license key itself, User Data, file names, usage statistics, system configuration, or telemetry — is collected or transmitted. This data processing is necessary for license enforcement.

20.3 All personal data processing is conducted in accordance with the General Data Protection Regulation (EU) 2016/679 ("GDPR") and applicable Swedish data protection legislation.

21. Entire Agreement

21.1 This Agreement, together with the Privacy Policy and any order confirmation or license terms presented at the time of purchase, constitutes the entire agreement between you and the Licensor with respect to the Software and supersedes all prior or contemporaneous communications, proposals, representations, understandings, and agreements, whether written or oral. For participants in the Brain OS Beta Tester Program, the Brain OS Beta Tester Agreement applies in addition to this Agreement.

21.2 No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. The Licensor's failure to enforce any provision of this Agreement shall not constitute a waiver of its right to enforce such provision in the future.

22. Contact Information

For questions about this Agreement, please contact:

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

BY INSTALLING OR USING BRAIN OS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

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

Version history. 2026-06-10 — restructured for readability; added the Known Issues List mechanics (Sections 1.8, 5.2, 5.2A), the product-liability mandatory-law clause (Sections 6.7, 8.3(c)), the jurisdiction-specific savings clause (Section 15.6), the durable-medium confirmation (Section 4.2), and the English/Swedish language clause. 2026-05-28 — prior revision. 2026-02-13 — first version.