§ 1 Scope and Conclusion of Contract

These General Terms and Conditions (GTC) govern the use of the RevWize online platform by business customers. The contracting party and provider is PebbleByte GmbH, Mittelgasse 4/13, 1060 Vienna, Austria (hereinafter “PebbleByte”).

RevWize is intended exclusively for entrepreneurs acting in the course of their trade, business, or independent professional activity. Persons acting on behalf of a company confirm that they are authorized to do so. Consumers cannot enter into a contract for RevWize.

The contract is concluded through registration and electronic confirmation, completion of a checkout process, acceptance of an individual offer, or provision of access by PebbleByte. PebbleByte may reject requests for objective reasons, particularly where entrepreneurial status is lacking or there are security concerns or capacity constraints.

Special terms concerning price, term, minimum term, payment method, credits, onboarding, or additional services that are expressly agreed in the checkout or an offer take precedence over these GTC. In all other respects, the Data Processing Agreement (DPA) applies first to processing carried out on behalf of the Business Customer, followed by these GTC and then the general service description. Deviating terms of the Business Customer apply only if PebbleByte agrees to them in text form.

When a contract is concluded electronically, PebbleByte stores the accepted version of these GTC and the DPA, including the version number and time of acceptance. The Business Customer may request a copy.

§ 2 Subject Matter of the Services

RevWize is a web-based software-as-a-service platform for independently managed review, communication, and customer-loyalty activities. Depending on the subscribed plan, the following functions in particular may be available:

• Collection and management of end-customer contact details, particularly telephone numbers and optional names or email addresses;
• Sending review requests and other permitted messages by SMS or through available communication channels;
• QR-code-based check-ins, digital stamp cards, loyalty programs, vouchers, and rewards;
• Campaign, segmentation, reporting, and administration functions;
• Documentation of consent, withdrawals, and opt-outs to the extent technically supported.

The specific scope of services is determined by the plan description applicable when the contract is concluded, the checkout, or the individual offer. PebbleByte may further develop or modify functions or replace them with equivalent functions provided that the agreed core benefit is not materially impaired. Material adverse changes will be communicated in good time.

PebbleByte does not owe any particular economic success, any particular number or level of ratings, any conversion rate, or the actual delivery of every message. Delivery and display may depend on network operators, SMS gateways, end devices, review platforms, and other third parties.

PebbleByte uses specialized service providers for the technical provision and operation of RevWize. These currently include Hetzner for hosting, databases, and data backups; PostHog for technical product and usage analytics; and onlinecity.io / GatewayAPI for the technical transmission and delivery of SMS messages. PebbleByte may replace or supplement these with comparable service providers provided that the agreed scope of services is not materially impaired and applicable data-protection requirements are met. Details concerning the processing of personal data and the processors used are set out in the Privacy Policy and, where applicable, the DPA.

§ 3 Registration, User Accounts, and Access

Complete, accurate, and current company, contact, and billing information must be provided during registration and use. PebbleByte may request suitable evidence of entrepreneurial status and authority to represent the company.

Login credentials must be kept confidential and protected against unauthorized access. The Business Customer may create separate accounts for authorized employees and agents within the provided role model. The actions of these persons are attributed to the Business Customer. Shared group accounts and the disclosure of personal login credentials should be avoided.

The Business Customer must inform PebbleByte without undue delay of suspected compromises, unauthorized access, or other security incidents. Resale, sublicensing, or use for third-party companies requires PebbleByte’s prior consent in text form.

§ 4 Lawful Use and Obligations of the Business Customer

The Business Customer is responsible for the purposes, content, selection of recipients, and legal bases of its processing and communications. It may process personal data and send messages only if all legal requirements are met.

In particular, the Business Customer undertakes to:

• Provide transparent privacy information before collecting data that identifies the Business Customer as controller and PebbleByte as processor;
• Obtain consent voluntarily, on an informed basis, unambiguously, and in a verifiable manner, using selection fields that are not preselected;
• Offer separate choices for a one-time review request and ongoing promotional SMS communications where consent is required for each;
• Honor withdrawals, objections, and opt-outs without undue delay and not circumvent suppression lists;
• Include an identifiable sender and an easy unsubscribe option in messages where legally required;
• Import only lawfully collected contact lists and be able to provide evidence of consent upon request;
• Handle data-subject rights within the applicable deadlines and give PebbleByte the instructions required for this purpose.

In particular, unlawful, misleading, discriminatory, insulting, or harassing content, malicious code, attacks, circumvention of security mechanisms, and automated access outside the intended functions are prohibited.

Review functions must not be used to manipulate ratings. In particular, fabricated reviews, consideration that depends on a positive rating, suppression of critical feedback, and the targeted public forwarding of only satisfied persons (“review gating”) are prohibited. The rules of the relevant review platform must also be observed.

In the event of a breach of obligations, PebbleByte may, depending on severity and urgency, stop messages, restrict functions, block content, request evidence, temporarily suspend the account, or terminate the contract for cause. In the event of acute legal or security risks, the measure may be taken without a prior cure period.

The Business Customer indemnifies PebbleByte against justified third-party claims arising from unlawful use culpably caused by the Business Customer. The indemnity includes reasonable legal defense costs; PebbleByte will inform the Business Customer and take its legitimate defense interests into account.

§ 5 Rights of Use

For the term of the contract, PebbleByte grants the Business Customer a simple, non-exclusive, non-transferable, and non-sublicensable right to use RevWize to the agreed extent for its own business purposes.

All rights to the software, user interface, database structure, documentation, trademarks, designs, and trade secrets remain with PebbleByte or the respective rights holders. In particular, reproduction, making available to the public, resale, rental, and reverse engineering are prohibited unless mandatory law permits them.

The Business Customer retains its rights to the content and data it provides. It grants PebbleByte the rights of use required for operation and contract performance, limited in time to the term of the contract.

§ 6 Data Protection and Processing

PebbleByte is the controller for personal data of website visitors, prospective customers, Business Customers, contacts, and users that PebbleByte processes for its own purposes. Details are set out in the public Privacy Policy.

For personal data of its end customers that the Business Customer processes through RevWize, the Business Customer is the controller and PebbleByte is the processor. The DPA provided on the website is incorporated electronically when the contract is concluded and forms part of the service agreement.

The Business Customer remains responsible in particular for the legal basis, information obligations, purpose limitation, data minimization, accuracy, retention periods, data-subject rights, and the necessity of a data-protection impact assessment. RevWize may provide technical templates; the Business Customer is responsible for configuring them correctly in legal and factual terms.

§ 7 Availability, Maintenance, and Support

PebbleByte endeavors to maintain high availability. Uninterrupted or error-free availability is owed only if expressly agreed in a separate service-level agreement.

Scheduled maintenance will, where possible, be performed outside customary business hours and announced with reasonable notice. In the event of security risks, disruptions, or attacks, PebbleByte may temporarily restrict individual functions or the platform without prior notice.

The scope of support and any response times are determined by the plan or offer. Unless expressly agreed, there is no entitlement to a particular response or resolution time.

§ 8 Prices, Credits, and Payment

Prices, payment models, billing intervals, minimum contract terms, notice periods, included credits, and additional services are determined by the checkout displayed when the contract is concluded, the applicable plan description, or an individual offer. Terms expressly stated there govern the specific contract. These GTC do not establish any particular prices or fixed minimum contract terms.

PebbleByte may offer both one-time payments and subscription models. One-time payments, particularly for prepaid credits or additional services expressly designated as one-time services, do not in themselves create a subscription and do not automatically become due again monthly or annually. Under subscription models, the agreed fees are due on a recurring basis at the billing interval shown when the contract is concluded, for example monthly or annually. Credits provided under subscriptions are credited, renewed, or reset according to the agreed credit period; unused credits expire at the end of the relevant credit period unless otherwise agreed in the checkout, plan, or offer. Unused credits will not be paid out unless mandatory law requires otherwise.

Credit consumption may vary depending on the recipient country, communication channel, message type, and technical costs. The applicable conversion or the number of credits required for a service is displayed transparently in the plan, checkout, or user account before the paid service is initiated.

All prices are net prices plus statutory value-added tax where applicable. Invoices are generally provided electronically. Due dates and payment intervals are governed by the terms displayed when the contract is concluded. PebbleByte may use Stripe or other payment service providers for payment processing. Depending on the offer, payments directly to PebbleByte, such as by bank transfer or SEPA direct debit, and other payment methods specified in the checkout or offer may also be available. The checkout, invoice, or individual offer determines which payment method is available or agreed for the specific contract.

For recurring payments, PebbleByte is entitled to collect or invoice the agreed fee on the respective due dates using the selected payment method. The Business Customer must ensure that the payment details provided are current and that sufficient funds or payment capacity are available on the due date. If a payment fails, PebbleByte may attempt another charge or require another agreed payment method or bank transfer.

In the event of late payment, statutory default interest and necessary collection and legal enforcement costs apply. PebbleByte may suspend access after an appropriate reminder until payment is made; termination for cause remains available in the event of material or repeated default.

Price adjustments for ongoing contracts are permitted only for objective reasons, such as changes in telecommunications, infrastructure, security, or regulatory costs. They will be communicated in text form at least four weeks in advance. To the extent that the change imposes more than an insignificant burden on the Business Customer, it may terminate the contract when the change takes effect; the notice of the change will draw attention to this right.

§ 9 Term and Termination

Contract term, minimum contract term, billing interval, renewal period, and notice period are separate contractual features. The terms expressly stated in the checkout, plan description, or individual offer when the contract is concluded are decisive. In particular, the billing interval alone does not indicate the minimum contract term or when the contract may be terminated.

For example, monthly billing may be agreed with a minimum contract term of twelve months, or annual billing with a minimum contract term of twenty-four months. Other combinations may also be provided. Only the information displayed or individually agreed before the specific contract is concluded is decisive. If automatic renewal is provided for, its duration and the applicable notice period are also determined by this information. One-time payments and the purchase of prepaid credits do not create a continuing obligation or automatic renewal unless expressly agreed.

Notice of termination may be given through an account function provided for this purpose or in text form to office@pebblebyte.com. The right of either party to terminate for cause remains unaffected.

After the contract ends, access is deactivated. The Business Customer must export required data in good time. The return, export, and deletion of personal end-customer data are additionally governed by the DPA and § 12.

§ 10 Liability

PebbleByte has unlimited liability for intent, gross negligence, culpably caused personal injury, and in cases of mandatory statutory liability.

In the event of slight negligence, PebbleByte is liable only for breach of material contractual obligations and is limited to the damage typically foreseeable when the contract is concluded. To the extent permitted by law, this liability is limited in amount to the net fees paid for RevWize during the twelve months preceding the event giving rise to the damage.

For data loss caused by slight negligence, liability is limited to the typical recovery costs that would have been incurred with proper data backups appropriate to the risk. Exclusions of liability do not apply where they would undermine the purpose of the contract or where mandatory law provides otherwise.

PebbleByte is not liable for content, recipients, consent, or campaign decisions specified by the Business Customer, nor for changes, suspensions, or outages of independent third-party platforms to the extent that PebbleByte is not responsible for them.

§ 11 Confidentiality

Both parties will treat the other party’s non-public technical, business, and organizational information as confidential and use it only for performance of the contract. Statutory disclosure obligations and disclosure to advisers and service providers bound by confidentiality remain unaffected.

§ 12 Data Access, Export, and Switching Providers

The Business Customer may obtain the exportable data it has provided and the exportable data generated through its use via available export functions or by sending a request to office@pebblebyte.com. Standard formats are CSV, JSON, or ZIP with a field description where technically appropriate.

PebbleByte supports switching to another data-processing service or to the Business Customer’s own infrastructure to the extent required by the EU Data Act. Following a sufficiently specific request, PebbleByte will begin the necessary steps without undue delay and provide information about the scope, technical requirements, and expected transition period. Standard exports are generally provided within 30 calendar days; any necessary extensions will be explained.

PebbleByte does not charge a separate switching fee for a standard export and termination in connection with switching providers. Individual additional services outside the scope required by law may be provided for an agreed fee.

Excluded from export are third-party rights, personal data for which there is no authorization, PebbleByte’s trade secrets, and data that exclusively reveals internal algorithms or security mechanisms. Where necessary, PebbleByte will nevertheless provide information that enables interoperability without disproportionately disclosing protected content.

Following successful return or expiry of an agreed availability period, data will be deleted in accordance with the DPA unless a statutory retention obligation or another legal basis applies.

§ 13 Amendments to these GTC

PebbleByte may amend these GTC for the future where required due to changes in law, security requirements, or further development and where reasonable for the Business Customer. Material changes will be communicated in text form at least four weeks in advance. Changes to core service obligations, prices, or liability will not take effect solely through silence where express consent is required. Rights of termination will be explained in the notice of amendment.

§ 14 Final Provisions

Austrian law applies, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Vienna to the extent permitted by law.

The contractual language is German. Translations are provided for information only. If any provision is invalid, the remaining provisions remain effective; the invalid provision is replaced by the applicable statutory rule.