Terms of Service — General Terms and Conditions

Wallin Solutions AB
Effective Date: February 13, 2026
Last Updated: May 28, 2026

1. Scope and Applicability

1.1. These General Terms and Conditions ("Terms") govern all purchases of Brain OS software licenses ("Licenses") made through the website at brainos.wallinsolutions.se (the "Website"), operated by Wallin Solutions AB ("Seller", "we", "us", or "our").

1.2. By placing an order through the Website, you ("Buyer", "you", or "your") agree to be bound by these Terms in their entirety. If you do not agree, do not complete your purchase.

1.3. These Terms apply exclusively to the purchase transaction. Your use of the Brain OS software is governed separately by the End User License Agreement (EULA). The processing of your personal data is governed by the Privacy Policy. All three documents are available on the Website.

1.4. Users of the free tier of Brain OS (limited to 2 data disks) are not required to accept these Terms. Free tier users are bound only by the EULA and Privacy Policy.

1.5. These Terms are intended for consumers and businesses alike. Where a provision applies only to consumers (as defined by applicable Swedish and EU law), this is stated explicitly.

2. Products and License Tiers

2.1. The Seller offers digital software licenses for Brain OS in the following tiers:

2.2. All licenses are one-time purchases. There are no recurring subscription fees, and the license does not expire.

2.3. A license grants the right to use Brain OS on one (1) hardware configuration (one USB device paired with one host computer), identified by a unique Hardware Identifier (HWID). The scope of use is defined in the EULA.

2.4. The free tier (up to 2 data disks) does not require a license purchase and is available to all users subject to the EULA.

2.5 Early Access / Beta Status

The Brain OS software is currently in an early access / beta phase. By purchasing a license during the beta period, you acknowledge that:

(a) The software is not a final, complete, or fully tested product and may contain bugs, errors, and defects that could result in data loss, system instability, or other adverse consequences;

(b) You have been advised to maintain complete, independent backups of all data and to avoid relying on a beta Brain OS installation as the sole copy of irreplaceable files;

(c) Features may be added, modified, or removed without notice;

(d) All beta-specific terms and disclaimers in the EULA (Section 5) apply in full to your purchase, including the Licensor's right to revoke beta licenses (EULA Section 5.6);

(e) The beta status of the product was a known and accepted condition at the time of your purchase and is reflected in the current pricing;

(f) You are encouraged to report bugs, errors, and unexpected behavior through the channels designated on the Website to assist in the improvement of the software during the beta period.

The beta period ends when the Seller publicly announces the general availability (GA) release of the software.

3. Ordering Process

3.1. To purchase a license, the Buyer must:

(a) Select a license tier on the Website;

(b) Provide a valid email address and the Hardware Identifier (HWID) of the Brain OS installation to be licensed;

(c) Accept these Terms, the EULA, and the Privacy Policy;

(d) Provide explicit consent to immediate delivery and acknowledge the loss of the right of withdrawal (see Section 6);

(e) Complete payment via the available payment method(s).

3.2. A binding purchase agreement is formed when the Seller confirms the order by delivering the license key. Order confirmation is sent to the email address provided by the Buyer.

3.3. The Seller reserves the right to refuse any order at its sole discretion, including but not limited to cases of suspected fraud or abuse.

4. Prices and Payment

4.1. All prices displayed on the Website are in euros (EUR) and include VAT where applicable under Swedish law. For buyers outside the EU, VAT may not apply.

4.2. Payment is processed securely by Stripe, Inc. ("Stripe"). The Seller does not store or have access to your full payment card details. By completing a purchase, you also agree to Stripe's terms of service.

4.3. Payment must be completed in full at the time of order. No partial payments, installment plans, or deferred payment arrangements are available.

4.4. The Seller reserves the right to change prices at any time. Price changes do not affect existing, completed purchases or previously issued license keys.

5. Delivery

5.1. License keys are delivered digitally and instantly upon successful payment confirmation from Stripe.

5.2. Delivery is made by:

(a) Displaying the license key on the order confirmation page;

(b) Sending the license key to the email address provided by the Buyer; and

(c) Automatic activation via HWID polling — the Brain OS installation will detect and activate the license automatically.

5.3. The Buyer is responsible for ensuring that the email address and HWID provided during checkout are accurate. The Seller is not liable for delivery failures caused by incorrect information provided by the Buyer.

5.4. In the unlikely event that delivery fails due to a technical issue on the Seller's side, the Buyer should contact the Seller (see Section 15) for assistance.

6. Right of Withdrawal (Ångerrätt)

This section applies to consumers only.

6.1. Under the EU Consumer Rights Directive (2011/83/EU) as implemented by Swedish law (Lag (2005:59) om distansavtal och avtal utanför affärslokaler, "Distansavtalslagen"), consumers have the right to withdraw from a distance purchase within fourteen (14) days without giving any reason ("Right of Withdrawal").

6.2. Exception for Digital Content Delivered Immediately. Pursuant to Article 16(m) of the Consumer Rights Directive and Chapter 2, Section 11 of Distansavtalslagen, the Right of Withdrawal is lost when all of the following conditions are met:

(a) The consumer has given explicit prior consent to begin delivery of the digital content (the license key) immediately, before the expiry of the 14-day withdrawal period; and

(b) The consumer has acknowledged that by giving such consent, the right of withdrawal is lost.

6.3. During the checkout process, the Buyer will be required to actively confirm the following statement (via a checkbox that must be checked before payment can proceed):

"I consent to immediate delivery of the digital license key and acknowledge that I thereby lose my 14-day right of withdrawal."

6.4. If the Buyer does not provide this consent, the order cannot be completed and the license will not be delivered. This is because Brain OS licenses are activated instantly and cannot be "un-delivered" once the license key has been issued and bound to a HWID.

6.5. The Seller will provide the consumer with confirmation of the consent given under Section 6.3 on a durable medium (email) without undue delay after the conclusion of the contract, as required by law.

7. Refunds

7.1. Due to the digital nature of the product and the immediate delivery mechanism described in Section 5, refunds are generally not available after a license key has been delivered and activated.

7.2. If the Right of Withdrawal applies (i.e., the consent described in Section 6.3 was not validly obtained), the Buyer is entitled to a full refund within fourteen (14) days, provided the license has not been activated.

7.3. In exceptional circumstances (e.g., duplicate purchases, technical failures preventing license activation that the Seller cannot resolve), the Seller may, at its sole discretion, offer a refund or store credit. Such decisions are made on a case-by-case basis and do not create a general entitlement.

7.4. Refund requests must be submitted in writing to the Seller's email address (see Section 15).

8. License Activation and Hardware Binding

8.1. Each license is bound to a single Hardware Identifier (HWID) derived from the combination of the USB boot device and the host computer's motherboard (see EULA Section 1.3 for technical details). The HWID is provided by the Buyer during the ordering process.

8.2. Once activated, the license cannot be used on a different hardware configuration (different USB device or different host computer) without a hardware transfer (see Section 8.3).

8.3. Hardware Transfer. The Buyer may transfer the license to a new hardware configuration (new USB device, new host computer, or both) up to one (1) time per calendar year. Transfers are performed through the Buyer's account page on the Website. Additional transfers within the same calendar year are not available.

8.4. Licenses are non-transferable to other persons. The license may only be used by the original Buyer on the hardware configuration identified by the registered HWID.

9. Upgrades

9.1. Buyers may upgrade their license to a higher tier at any time by purchasing the new tier at its full listed price. There is no credit, discount, or deduction for any previously purchased lower-tier license. The upgrade must be completed through the Website and takes effect upon payment confirmation.

9.2. Upgrades take effect immediately upon payment confirmation.

9.3. Downgrades to a lower tier are not available. No partial refund is given for unused capacity.

10. Seller's Obligations

10.1. The Seller shall deliver the license key promptly upon receipt of payment confirmation.

10.2. The Seller shall maintain the license verification API and HWID polling service in reasonable working order to enable license activation and validation.

10.3. The Seller does not guarantee uninterrupted availability of the Website or the license verification service. Planned maintenance and unforeseen technical issues may cause temporary interruptions.

10.4. The Seller's obligations under these Terms are limited to the delivery and verification of the license key. All obligations relating to the functionality, performance, and use of the Brain OS software are governed exclusively by the EULA.

10.5. Dissolution. In the event that Wallin Solutions AB ceases to operate, is dissolved, enters into bankruptcy or insolvency proceedings, or permanently discontinues its business activities, the provisions of the EULA Section 12.8 (Dissolution of Licensor) shall govern the treatment of all licenses, including the automatic conversion to perpetual licenses, the cessation of Seller obligations, the claims deadline, and the mutual release of all parties including Robert Wallin personally. The Buyer agrees that the dissolution provisions of the EULA are incorporated by reference into these Terms and shall apply to the purchase transaction as if fully set forth herein.

11. Limitation of Liability

11.1. To the fullest extent permitted by applicable law, the Seller's total aggregate liability arising out of or in connection with these Terms, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount paid by the Buyer for the license giving rise to the claim.

11.2. In no event shall the Seller be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business opportunity, or business interruption, regardless of the cause of action or the theory of liability.

11.3. The limitations in this Section 11 do not apply to liability that cannot be excluded or limited under mandatory Swedish or EU law, including liability for intentional misconduct or gross negligence.

11.4. The Seller is not liable for any issues arising from the use of the Brain OS software itself, including but not limited to data loss, hardware damage, or system downtime. Such matters are addressed in the EULA.

11.5. The limitations of liability in this Section 11 apply equally and in full to Robert Wallin personally and to any owner, director, officer, shareholder, employee, agent, contractor, advisor, or representative of Wallin Solutions AB. No claim arising under or in connection with these Terms may be brought against any such natural person in their personal capacity, except to the extent such exclusion is prohibited by mandatory provisions of applicable law. The Buyer expressly waives any right to "pierce the corporate veil" or otherwise attempt to impose corporate liability upon any natural person.

11.6. Pre-Purchase Evaluation Acknowledgment. The Buyer acknowledges that, prior to placing any order under these Terms, the Buyer had the opportunity to evaluate the Brain OS software through the permanent Free Tier (limited to 2 data disks, otherwise full-featured, no time limit, no payment required). By placing an order, the Buyer represents and warrants that:

(a) The Buyer has had ample opportunity to evaluate the Software's behavior, performance, reliability, and suitability for the Buyer's intended use;

(b) The Buyer's purchase decision is based on the Buyer's own independent evaluation and not on any marketing materials, screenshots, performance claims, or other promotional content;

(c) The Buyer accepts that the paid tier software is materially the same as the Free Tier software (with only the disk-count limit relaxed), and the Buyer accordingly expects and accepts that the paid-tier installation will behave in the same manner observed during evaluation;

(d) To the maximum extent permitted by applicable law, the Buyer assumes the risk of any data loss, hardware damage, business interruption, or other loss arising from Software behavior that was, or ought to have been, discoverable through reasonable Free Tier evaluation.

This Section 11.6 is incorporated by reference into the bargain underlying these Terms and is a material element of the Seller's willingness to offer Brain OS. The full pre-purchase-evaluation doctrine is set out in EULA Section 3.6, which is incorporated herein by reference. EU/EEA consumers retain all mandatory consumer protection rights under applicable law notwithstanding this Section 11.6.

11.7. Indemnification by Buyer. To the maximum extent permitted by applicable law, the Buyer agrees to indemnify, defend, and hold harmless the Seller, Wallin Solutions AB, Robert Wallin, and all of the Seller's owners, directors, officers, shareholders, employees, agents, contractors, advisors, representatives, and affiliates from and against any third-party claims, demands, lawsuits, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of (a) the Buyer's breach of these Terms; (b) the Buyer's circumvention or attempted circumvention of the license system; (c) the Buyer's violation of any law in connection with the purchase or use of the License; or (d) the Buyer's gross negligence, willful misconduct, or fraud. The full indemnification provision is set out in EULA Section 8.6, which is incorporated herein by reference.

11.8. Insurance Limitation. Any liability of the Seller that is not excluded under these Terms shall further be limited to the proceeds (if any) actually recovered by the Seller under any applicable insurance policy. The Buyer acknowledges that the Seller's insurance coverage may exclude certain jurisdictions (including the United States and Canada) and certain types of claims. The full insurance limitation is set out in EULA Section 8.7, incorporated herein by reference.

12. Force Majeure

12.1. The Seller shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from circumstances beyond the Seller's reasonable control, including but not limited to natural disasters, war, terrorism, pandemic, government action, power failure, internet disruption, or failures of third-party services (including Stripe).

13. Governing Law

13.1. These Terms shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of laws provisions.

13.2. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

13.3. Mandatory consumer protection provisions of the Buyer's country of residence shall apply to the extent required by applicable EU law, provided the Buyer is a consumer.

14. Dispute Resolution

14.1. Exclusive Forum — Stockholm. Subject to Sections 14.2 and 14.3, any dispute, controversy, or claim arising out of or in connection with these Terms (each, a "Dispute") shall be subject to the EXCLUSIVE jurisdiction of Stockholms tingsrätt (Stockholm District Court) as the court of first instance. The Buyer consents to the personal jurisdiction of the Stockholm District Court, waives any objection to venue or forum non conveniens, and 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 in other jurisdictions. The Buyer acknowledges that the Stockholm District Court does not conduct civil jury trials.

14.2. EU/EEA Consumer Carve-Out. Notwithstanding Section 14.1, EU/EEA consumers retain the right to bring proceedings in the courts of their country of residence as provided by Regulation (EU) No 1215/2012 (Brussels I Recast) and other mandatory consumer protection law.

14.3. EU Online Dispute Resolution. EU consumers may also submit a complaint through the EU ODR platform at https://ec.europa.eu/consumers/odr. The Seller's email address for ODR purposes is provided in Section 15.

14.4. For consumers in Sweden: You have the right to seek guidance from Konsumentverket (the Swedish Consumer Agency, www.konsumentverket.se) and to file a complaint with Allmänna reklamationsnämnden (ARN, the National Board for Consumer Disputes, www.arn.se). ARN reviews disputes between consumers and businesses free of charge. Note that ARN has minimum thresholds for the value in dispute and may decline to review certain matters.

14.5. Seller's IP Enforcement. Nothing in these Terms shall prevent the Seller from seeking injunctive, declaratory, or other equitable relief in any court of competent jurisdiction worldwide to protect its intellectual property rights or prevent license circumvention.

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

The following Sections 14.6 through 14.12 apply ONLY to Buyers who are NOT resident in the European Union or European Economic Area. EU/EEA consumers are not subject to these sections and remain protected by mandatory consumer law.

14.6. Mandatory Pre-Suit Notice. Before initiating any legal proceeding against the Seller, the Buyer must (a) send written Pre-Suit Notice to robban@techflip.se describing the dispute, (b) wait at least 90 days for good-faith negotiation, and (c) only then initiate proceedings, subject to the forum selection in Section 14.1 and the waivers in Sections 14.7–14.9. Proceedings filed without compliance with this Section may be dismissed at the Buyer's cost.

14.7. CLASS ACTION WAIVER. The Buyer agrees that any Dispute shall be brought ONLY on an individual basis, NOT as a class, collective, mass, consolidated, representative, or private attorney general action. The Buyer expressly WAIVES any right to participate as a class member, class representative, or aggregate-relief plaintiff against the Seller or its representatives. Full waiver provisions are set out in EULA Section 14.7, incorporated herein.

14.8. JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, THE BUYER WAIVES ANY RIGHT TO TRIAL BY JURY. THE BUYER ACKNOWLEDGES THAT THE STOCKHOLM DISTRICT COURT (THE EXCLUSIVE FORUM UNDER SECTION 14.1) DOES NOT CONDUCT CIVIL JURY TRIALS, AND THE FORUM SELECTION OPERATES AS A FUNCTIONAL JURY-TRIAL WAIVER PER EpicentRx, Inc. v. Superior Court, S282844 (Cal. July 21, 2025). Full waiver provisions are set out in EULA Section 14.8, incorporated herein.

14.9. Contractual Statute of Limitations. Any claim arising out of these Terms must be filed within ONE (1) YEAR after the cause of action accrues. Discovery rule and equitable tolling are waived to the maximum extent permitted by law. Full provision in EULA Section 14.10, incorporated herein.

14.10. No Punitive Damages. The Buyer waives any right to recover punitive, exemplary, treble, or other non-compensatory damages from the Seller or its representatives. Full provision in EULA Section 14.12, incorporated herein.

14.11. Small Claims Carve-Out (US Buyers). US Buyers may bring an individual Dispute in the small claims court of the Buyer's county of residence, provided the amount in controversy does not exceed the small claims jurisdictional limit, the claim is brought on an individual basis (the waivers in 14.7 and 14.8 still apply), and the Buyer has complied with the pre-suit notice requirement in 14.6.

14.12. Severability of Waivers. If any waiver in this Section 14A is held unenforceable, the remaining waivers and the forum selection in Section 14.1 shall continue in full force. Full cascading fall-back is set out in EULA Section 14.13, incorporated herein.

14.13. EU Mandatory Law Preservation. Nothing in Sections 14.6 through 14.12 shall apply to EU/EEA consumers or exclude any mandatory consumer protection right that cannot be waived by contract.

15. Contact Information

Wallin Solutions AB
Robert Wallin
Sweden

Email: robban@techflip.se
Website: brainos.wallinsolutions.se

For purchase-related inquiries, refund requests, or complaints, please use the email address above.

16. Amendments

16.1. The Seller reserves the right to amend these Terms at any time. The amended Terms will be published on the Website with a new "Last Updated" date.

16.2. Amendments do not apply retroactively. Purchases completed before the amendment date remain subject to the Terms in effect at the time of purchase.

16.3. Continued use of the Website and any new purchases after the publication of amended Terms constitutes acceptance of the amended Terms.

17. Severability

17.1. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

17.2. The invalid provision shall be replaced by a valid provision that most closely reflects the economic intent of the original provision, to the extent permitted by law.

18. Entire Agreement

18.1. These Terms, together with the EULA and the Privacy Policy, constitute the entire agreement between the Buyer and the Seller with respect to the purchase of Brain OS licenses.

18.2. Any prior negotiations, representations, or agreements relating to the subject matter of these Terms are superseded in their entirety.

19. Language

19.1. These Terms are drafted in English. In the event of any discrepancy between a translated version and the English version, the English version shall prevail.

By completing a purchase on brainos.wallinsolutions.se, you confirm that you have read, understood, and agreed to these Terms of Service.