END USER LICENSE AGREEMENT (EULA) FOR BRAIN NAS SOFTWARE
Effective Date: February 13, 2026 Last Updated: February 13, 2026
IMPORTANT — READ CAREFULLY BEFORE USING THIS SOFTWARE.
This End User License Agreement ("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 ("Licensor," "we," "us," or "our"), operated by Robert Wallin. As used herein, "Wallin Solutions" refers to the business entity operated by Robert Wallin, whether structured as an enskild firma (sole proprietorship) or aktiebolag (limited company) under Swedish law.
BY INSTALLING, COPYING, OR OTHERWISE USING BRAIN NAS 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 HEREIN.
This Agreement is governed by Swedish law, including but not limited to applicable provisions of the Konsumentköplag (Consumer Sales Act), Lag (2022:260) om digitalt innehåll (Digital Content Act implementing EU Directive 2019/770), and Distansavtalslag (Distance Contracts Act). Where mandatory consumer protection provisions of Swedish or European Union law apply, they shall prevail over conflicting provisions of this Agreement.
1. DEFINITIONS
1.1 "Software" means the Brain NAS 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 the unique hardware fingerprint derived from the physical USB storage device on which the Software is installed.
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.
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 USB storage device 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 or License Key to any third party.
2.3 The license is bound to the specific USB storage device identified by its Hardware ID (HWID) at the time of activation. Moving the Software or License Key to a different USB device without following the transfer procedure in Section 2.4 shall render the license invalid.
2.4 License Transfer. You may transfer your license to a different USB storage device 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) the Software is completely removed from the original 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 four (4) 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 six (6) Data Disks. One-time license fee as published on the Licensor's website at the time of purchase.
(d) Pro 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.
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.
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 EU 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 EU Directive 2011/83/EU and Section 2 chapter 11 § 1 p. 1 of 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 DISCLAIMER
5.1 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 AS A BETA PRODUCT, THE SOFTWARE MAY CONTAIN ERRORS, DEFECTS, BUGS, AND INACCURACIES ("KNOWN AND UNKNOWN DEFECTS"). FEATURES MAY BE INCOMPLETE, UNSTABLE, OR SUBJECT TO CHANGE WITHOUT NOTICE. FUNCTIONALITY MAY BE ADDED, MODIFIED, OR REMOVED IN ANY UPDATE.
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 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.
5.5 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).
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 THE LICENSOR ACCEPTS ABSOLUTELY NO LIABILITY, RESPONSIBILITY, OR OBLIGATION WHATSOEVER FOR ANY LOSS, CORRUPTION, DESTRUCTION, DEGRADATION, ALTERATION, UNAUTHORIZED ACCESS TO, THEFT OF, OR DAMAGE TO ANY USER DATA, FILES, DOCUMENTS, MEDIA, DATABASES, CONFIGURATIONS, OR ANY OTHER INFORMATION OR CONTENT STORED ON, MANAGED BY, ACCESSED THROUGH, OR IN ANY WAY ASSOCIATED WITH THE SOFTWARE OR ANY STORAGE DEVICES MANAGED BY THE SOFTWARE, REGARDLESS OF THE CAUSE, INCLUDING BUT NOT LIMITED TO:
(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 BUT NOT LIMITED TO 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.
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; or (c) 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.
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 NAS," "Brain OS," and associated logos are trademarks of the Licensor. You may not use these marks without prior written permission.
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 NAS without internet access), if the Software is unable to contact the Licensor's license server for thirty (30) consecutive days, the Software will temporarily revert to the free tier (2 disk limit). During this degradation period:
(a) All User Data remains accessible and intact on all storage devices;
(b) Data on disks exceeding the free tier limit is accessible in read-only mode — you may read, copy, and back up your data but cannot write new data to those disks;
(c) Full functionality at your purchased License Tier is restored automatically upon a successful license validation check;
(d) This degradation 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 degradation of service 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.
12.8 Dissolution of Licensor. In the event that Wallin Solutions 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) The license granted under this Agreement 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.
(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. The conversion to a perpetual license under Section 12.8(a) constitutes full and final satisfaction of the Licensor's obligations with respect to the license.
(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 its owner(s), whether operating as enskild firma or aktiebolag) shall be mutually and irrevocably released from all obligations, liabilities, and claims arising under or in connection with this Agreement, the Software, or the use thereof.
(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.
12.9 Survival. Sections 6, 7, 8, 9, 12.6, 12.8, 14, 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 This Agreement shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of law principles.
14.2 Any dispute, controversy, or claim arising out of or in connection with this Agreement, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of Stockholms tingsrätt (Stockholm District Court) as the court of first instance.
14.3 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).
14.4 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/.
14.5 Nothing in this Agreement shall prevent the Licensor from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.
15. SEVERABILITY
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.
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; (b) Ensuring that your hardware meets the minimum requirements for the Software; (c) Maintaining the physical security and integrity of your storage devices and USB boot device; (d) Securing your network, systems, and accounts against unauthorized access; (e) Complying with all applicable laws and regulations in your use of the Software; (f) Evaluating the suitability of the Software for your specific needs and use case; (g) Monitoring disk health, storage capacity, and system status; (h) Maintaining a stable and adequate power supply for all connected hardware, including uninterruptible power supply (UPS) where appropriate.
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 NAS 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.
THE USER IS 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.
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 Robert Wallin Email: robban@techflip.se Website: brainos.wallinsolutions.se
BY INSTALLING OR USING BRAIN NAS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.