Brain Orchestra — Terms of Service
Effective date: April 25, 2026 Last updated: 2026-04-25
1. Parties
These Terms of Service ("Terms") form a binding agreement between:
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Xalerate AB, a limited liability company organized under the laws of Sweden, with registered office in Stockholm, Sweden, Swedish company registration number 559575-8698 ("Brain Orchestra", "we", "us", "our"); and
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the legal entity or individual that registers for or uses the Service ("Customer", "you", "your").
By creating an account, clicking "I accept," or using the Service, you represent that you have authority to bind the Customer to these Terms.
2. The Service
Brain Orchestra operates a hosted, multi-tenant software-as-a-service platform that routes requests to third-party Large Language Model ("LLM") providers through a governance layer. The governance layer includes per-request audit logging, territorial data residency controls, optional PII detection and pseudonymization, per-project spending caps, per-project rate limits, and a catalog of LLM models from multiple providers ("the Service").
The Service is accessed via an OpenAI-compatible HTTP API and through a
web-based dashboard at app.brainorchestra.ai.
2.1 Scope of the Service
Brain Orchestra does not develop, train, or host LLMs. Brain Orchestra acts as an intermediary between the Customer and third-party LLM providers. The Customer understands that the quality, accuracy, availability, and behavior of any LLM response is determined by the underlying provider and is outside Brain Orchestra's control.
2.2 Beta / Roadmap features
Features marked as "coming soon," "roadmap," or "beta" in product documentation or marketing materials (including without limitation SSO/SAML and VPC/on-premise deployment) are not part of the Service at the time of these Terms. Those features will be governed by separate terms if and when they become available.
3. Customer account and authentication
3.1 Account creation
You must provide accurate registration information and keep it current. You are responsible for maintaining the confidentiality of your API keys, actor tokens, dashboard passwords, and any other credentials issued to you by the Service.
3.2 Approval process
Accounts are subject to review and approval by Brain Orchestra before the Service may be used. Brain Orchestra may accept, reject, or place an account on hold at its reasonable discretion, including for reasons relating to sanctions screening, fraud prevention, and compliance with applicable law.
3.3 Responsibility for account activity
You are responsible for all activity that occurs under your account, whether authorized by you or not. You must notify Brain Orchestra promptly if you become aware of any unauthorized access or use.
4. Acceptable use
You agree not to use the Service, and not to permit anyone acting on your behalf to use the Service, to:
- violate any applicable law, regulation, sanctions regime, or third-party right;
- attempt to gain unauthorized access to the Service, its infrastructure, or any other Customer's data;
- reverse engineer, decompile, or derive source code from the Service, except to the extent permitted by mandatory applicable law;
- generate, distribute, or facilitate the generation of content that sexually exploits or endangers children, promotes terrorism, creates realistic impersonation of real persons without consent, or constitutes unlawful discrimination or harassment;
- use the Service to create critical medical, legal, or financial advice for end users without meaningful human review, except where such use is expressly permitted by applicable regulated-sector law;
- bypass, disable, or interfere with the Service's rate limits, territorial tier enforcement, PII controls, or audit-logging mechanisms;
- send content that the Customer does not have the legal right to process through the Service, including content subject to a confidentiality obligation the Customer cannot lawfully extend to Brain Orchestra and its subprocessors.
Brain Orchestra may investigate suspected violations of this Section and, upon written notice, suspend Service access where it reasonably determines a material breach has occurred. If the breach is curable, Brain Orchestra will provide the Customer with 14 days to remedy the breach before suspending access. Suspension does not relieve the Customer of its payment obligations.
4.2 EU AI Act
Brain Orchestra maintains transparency and acceptable use controls consistent with Regulation (EU) 2024/1689 (the EU AI Act). Customer acknowledges that:
(a) certain uses of AI systems are prohibited under Article 5 of the EU AI Act, and Customer shall not use the Service for any prohibited AI practice; (b) Customer is responsible for classifying its own use cases under the EU AI Act risk framework and complying with applicable obligations, including human oversight requirements; (c) Customer shall not use the Service for high-risk AI applications (as defined in Annexes I and III of the EU AI Act) without prior written agreement with Brain Orchestra; and (d) where Customer's use of the Service generates content presented to natural persons, Customer is responsible for providing required transparency disclosures under Article 50.
5. Customer data and content
5.1 Definitions
"Customer Data" means any data, content, prompts, completions, user identifiers, metadata, or other information that the Customer or its end users submit to, receive from, or generate through the Service.
5.2 Ownership
As between the parties, the Customer retains all right, title, and interest in and to Customer Data. Brain Orchestra does not claim any ownership right in Customer Data.
5.3 License to Brain Orchestra
The Customer grants Brain Orchestra a worldwide, non-exclusive, royalty-free license to use, copy, transmit, store, and process Customer Data solely to the extent necessary to:
(a) provide and operate the Service, including routing requests to third-party LLM providers selected by the Customer's configuration; (b) perform audit logging, billing, and security functions; (c) comply with applicable law and respond to lawful requests; (d) detect and prevent fraud, abuse, and security incidents; and (e) if explicitly enabled by the Customer's project settings, store prompt and response content beyond the default metadata-only retention.
This license is not used to train any model. Brain Orchestra does not use Customer Data to train, fine-tune, or otherwise improve any machine-learning model, and does not permit its subprocessors to do so on Brain Orchestra's behalf. Customer Data flowing to third-party LLM providers is subject to those providers' own data-handling policies — the Customer selects which providers are enabled for its projects through the territorial tier and allowed-models configuration.
5.4 Retention and deletion
Audit log retention defaults to 365 days and is configurable per-project. Prompt and response content retention defaults to metadata-only (hashes) and is configurable per-project. On account termination or upon a verified erasure request under Article 17 GDPR, Brain Orchestra will delete or de-identify Customer Data on a 30-day hold period followed by a transactional cascade purge of customer-identifiable rows from audit logs, trace records, and supporting tables. Aggregated and anonymized statistics that cannot reasonably be re-linked to the Customer may be retained.
The 30-day hold period is intended to allow for verification and orderly processing. Invoicing records, receipts, and related accounting documentation (räkenskapsinformation) are retained for 7 years as required by the Swedish Bookkeeping Act (bokföringslagen 1999:1078, Chapter 7 §2).
5.5 Processing under a DPA
Where Brain Orchestra processes personal data on behalf of the Customer,
the Data Processing Agreement at legal/DPA.md applies and is
incorporated into these Terms by reference.
6. Intellectual property
6.1 Brain Orchestra IP
Brain Orchestra retains all right, title, and interest in and to the Service, including the platform, software, documentation, audit and trace schemas, and all improvements to them. Nothing in these Terms grants the Customer any right, title, or interest in Brain Orchestra's intellectual property except the limited right to use the Service as expressly stated in these Terms.
6.2 Feedback
If the Customer provides feedback, suggestions, or bug reports to Brain Orchestra, the Customer grants Brain Orchestra a perpetual, royalty-free, worldwide license to use that feedback to improve the Service.
7. Fees and payment
7.1 Pricing model
The Service is offered under the following plans:
- Free: 1,000 requests per month, unrestricted territorial tier only.
- Trial: 30 days of Pro-level access, card required at signup.
- Pro: €79 / $79 / 899 kr per month, 100,000 requests per month, all territorial tiers.
- Enterprise: custom contract, custom terms, direct commercial negotiation.
A 5% platform fee is added to the token cost of requests that use Brain Orchestra-managed provider credentials. Requests that use Customer-owned ("BYOK") provider credentials incur no platform fee; the Customer is billed directly by the respective provider.
7.2 Prepaid balance
Paid-plan customers maintain a prepaid balance in their account currency (EUR, USD, or SEK). Token and platform fees are deducted from the balance in real time at the time of request execution. The balance is non-refundable except as required by applicable law.
7.3 Invoicing and reconciliation
Monthly reconciliation compares estimated per-request costs against actual invoices from the underlying LLM providers. Material differences are reflected as credits or debits on the Customer's balance.
7.4 Currency, taxes, and VAT
Prices are stated exclusive of VAT and other applicable taxes. Customers in the European Union with a valid VAT number are subject to reverse-charge mechanism. Swedish VAT applies to Customers in Sweden without a business VAT registration.
Customers outside the European Union are not charged Swedish VAT. The Service is primarily offered on a business-to-business basis.
8. Term and termination
8.1 Term
These Terms take effect when the Customer creates an account and continue until terminated in accordance with this Section.
8.2 Termination for convenience
The Customer may terminate these Terms at any time by providing notice through the dashboard or by written notice to Brain Orchestra. Brain Orchestra may terminate these Terms for convenience by providing at least ninety (90) days' prior written notice to the Customer's registered email address.
8.3 Termination for cause
Either party may terminate these Terms immediately upon written notice if the other party materially breaches these Terms and fails to cure the breach within 30 days after receiving written notice of the breach.
8.4 Effect of termination
Upon termination:
(a) the Customer's access to the Service ends; (b) the Customer remains liable for fees incurred before termination; (c) Customer Data deletion proceeds according to Section 5.4; and (d) the provisions of these Terms that by their nature should survive termination (including Sections 5.2, 6, 9, 10, 11, 12, and 14) shall survive.
9. Warranties and disclaimers
9.1 Customer warranties
The Customer warrants that it has all necessary rights and consents to submit Customer Data to the Service, and that its use of the Service complies with applicable law, including data protection law.
9.2 Service warranty
Brain Orchestra warrants that it will provide the Service in a professional manner consistent with generally accepted industry standards.
9.3 Disclaimer
EXCEPT AS EXPRESSLY STATED IN THIS SECTION, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." BRAIN ORCHESTRA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OR RELIABILITY OF LLM-GENERATED CONTENT.
Brain Orchestra makes no warranty as to the output of any third-party LLM. LLM outputs may be incorrect, biased, or otherwise unsuitable for the Customer's intended purpose. The Customer is solely responsible for validating and verifying any output before relying on it.
10. Limitation of liability
10.1 Exclusion of certain damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA (OTHER THAN THE COST OF RESTORING DATA FROM BACKUP WHERE BACKUPS ARE REQUIRED BY LAW), ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 Cap
Each party's total cumulative liability under or in connection with these Terms, regardless of the theory of liability, shall not exceed the fees paid by the Customer to Brain Orchestra in the twelve (12) months preceding the event giving rise to the claim.
10.3 Carve-outs
Section 10.2 does not apply to: (a) the Customer's payment obligations; (b) either party's fraud or willful misconduct; or (c) any liability that cannot lawfully be limited under applicable mandatory law. For Enterprise-tier customers, the cap is as specified in the applicable order form.
Each party's total cumulative liability for indemnification obligations under Section 11 shall not exceed two times (2×) the fees paid by the Customer to Brain Orchestra in the twelve (12) months preceding the event giving rise to the claim.
11. Indemnification
11.1 Customer Indemnification
The Customer shall defend, indemnify, and hold harmless Brain Orchestra from and against any third-party claim to the extent arising out of:
(a) Customer Data submitted to the Service; (b) the Customer's use of the Service in breach of these Terms or applicable law; or (c) the Customer's allegation or use of LLM output in a manner that harms a third party.
11.2 Brain Orchestra Indemnification
Brain Orchestra shall defend, indemnify, and hold harmless the Customer from third-party claims alleging that the Customer's authorized use of the Service (excluding Customer Data, Customer configurations, third-party LLM outputs, third-party models, open-source components used contrary to license terms by Customer, and combinations not supplied by Brain Orchestra) infringes that third party's intellectual property rights. Brain Orchestra's obligations under this Section are conditioned on Brain Orchestra having sole control of the defense and the Customer's reasonable cooperation. If the Service becomes or in Brain Orchestra's opinion is likely to become the subject of an infringement claim, Brain Orchestra may at its option: (a) procure the right for Customer to continue using the Service; (b) modify or replace the infringing component; or (c) terminate the affected Service component and refund any prepaid unused fees.
11.3 Upstream Provider Pass-Through
To the extent Brain Orchestra receives transferable intellectual property protections from an upstream LLM provider, Brain Orchestra will pass through or reasonably assist the Customer in benefiting from such protections. Brain Orchestra does not independently guarantee third-party model output unless expressly agreed in an Enterprise order form.
12. Confidentiality
Each party shall protect the other party's confidential information with at least the same degree of care it uses to protect its own confidential information, and in any event with no less than a reasonable standard of care. Confidential information includes pricing, technical architecture, Customer Data, and any information marked or reasonably understood to be confidential. Standard carve-outs apply for information that is independently developed, publicly known, or required to be disclosed by law.
13. Changes to the Service or these Terms
Brain Orchestra may update the Service and these Terms from time to time. Material changes to these Terms will be notified to the Customer at least 30 days in advance by email to the registered account address and by in-product notice. Continued use of the Service after the effective date of the change constitutes acceptance of the updated Terms. If the Customer does not accept a change, the Customer may terminate these Terms in accordance with Section 8.2 before the change takes effect.
14. Governing law and dispute resolution
These Terms and any dispute arising out of them shall be governed by the substantive laws of Sweden, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods.
14.1 Enterprise-tier customers
For Enterprise-tier customers, any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (SCC Institute). The arbitral tribunal shall consist of a sole arbitrator. The seat of arbitration shall be Stockholm. The language of the proceedings shall be English.
14.2 All other customers
For all other customers, any dispute shall be finally settled by the Stockholm District Court (Stockholms tingsrätt) as court of first instance.
14.3 Exceptions
Notwithstanding Sections 14.1 and 14.2: (a) either party may seek injunctive or other provisional relief from any court of competent jurisdiction for breaches of intellectual property rights or confidentiality obligations; and (b) collection of undisputed unpaid fees may proceed in any competent court without first submitting to arbitration.
15. Miscellaneous
15.1 Entire agreement
These Terms, together with the Data Processing Agreement and any commercial order form or Enterprise contract entered into between the parties, constitute the entire agreement between the parties with respect to the Service and supersede all prior or contemporaneous agreements.
15.2 Assignment
Neither party may assign these Terms without the other party's prior written consent, except that either party may assign these Terms to a successor in connection with a merger, acquisition, or sale of substantially all of its assets, upon notice to the other party.
15.3 Notices
Notices to Brain Orchestra shall be sent to support@xalerate.com with a copy to any other address later designated in writing. Notices to the Customer shall be sent to the email address associated with the Customer's account.
15.4 Severability
If any provision of these Terms is held unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall continue in full force and effect.
15.5 No waiver
A party's failure to enforce any provision of these Terms is not a waiver of its right to enforce that or any other provision in the future.
15.6 Force majeure
Neither party shall be liable for delay or failure to perform due to events beyond its reasonable control, including acts of God, war, terrorism, internet or cloud-provider outages, pandemic, or government action.
15.7 Language
These Terms are drafted in English. A Swedish translation may be provided for convenience; in case of conflict, the English version governs. For consumers in Sweden, this choice of language does not affect any mandatory rights under Swedish consumer protection law.
Contact: Xalerate AB — support@xalerate.com — Stockholm, Sweden