General Terms and Conditions for the Use of the RevWize Platform

of PebbleByte GmbH

As of: May 27, 2025

§ 1 Scope and Conclusion of Contract

These General Terms and Conditions (GTC) govern the use of the online platform RevWize operated by PebbleByte GmbH by business customers. They apply exclusively to entrepreneurs within the meaning of applicable laws and not to consumers.
By registering on the platform, the user expressly confirms that they are an entrepreneur and accepts these GTC. A contract for the use of the platform is concluded either upon confirmation of registration by PebbleByte or upon the first provision of access to the platform. PebbleByte reserves the right to reject registration requests from interested parties without stating reasons.
These GTC also apply to future business relationships with the user without the need to reference them again, unless deviating terms are agreed upon in writing. Deviating terms and conditions of the user shall not apply unless PebbleByte expressly agrees to their validity in writing.

§ 2 Service Description

RevWize is a web-based software platform that enables business customers to independently carry out various marketing and customer retention measures. The main functions of the platform include:
- Collection of customer phone numbers: Recording and managing the phone numbers of the user's end customers (e.g., customers of a business).
- Sending Google review requests via SMS: Automated sending of SMS to end customers requesting them to leave a Google review for the user's business.
- Conducting marketing campaigns: Sending SMS messages for marketing purposes (such as offers or information) to the user's end customers who are registered for this purpose.
- QR code-based check-in: Provision of QR codes through which end customers can check in during an on-site visit, e.g., to participate in a loyalty program or to be automatically invited by SMS to leave a review later.
PebbleByte provides the platform as Software-as-a-Service (SaaS) via the internet. Usage is on a pay-per-use basis: Registration and the account are free of charge; costs arise exclusively per SMS actually sent. There is no basic fee and no minimum contract term. The specific functionality of the platform is described on the RevWize web interface and is continuously being developed. PebbleByte may make updates, extensions, and improvements to the platform at any time.
Usage model and billing: For each SMS sent via RevWize, the user is charged a fee (see §9). PebbleByte GmbH acts solely as a technical service provider offering the aforementioned functions. The content design of the sent messages and the handling of the collected phone numbers are the sole responsibility of the user. PebbleByte is not responsible for the success of a particular campaign or a positive customer review, but only for the proper sending of the SMS or provision of the functions.
User responsibility: After conclusion of the contract, the user receives access to the RevWize web application (by providing login credentials). The operation of the platform and the execution of actions (sending SMS, triggering campaigns, etc.) are carried out independently by the user. PebbleByte has no knowledge of the specific content of the messages initiated by the user and assumes no liability for this content (see §8). The user is obligated to use the platform only within the framework of applicable laws and these GTC.

§ 3 Registration and User Account

Registration process: Use of the RevWize platform requires prior registration as a user. During registration, correct, complete, and truthful information regarding the required company data (company name, legal form, registered office, contact person, email address, etc.) must be provided. PebbleByte will then set up a personal user account for the user. There is no entitlement to registration or access to the platform; PebbleByte reserves the right to reject registrations on a case-by-case basis.
Access credentials: After successful registration, the user receives access credentials (username and password or comparable login methods) for their RevWize account. The user is obligated to keep the access credentials secret and protect them from unauthorized access by third parties. Disclosure of the access credentials to third parties (except to the user's own employees for internal use) is prohibited. In the event that there is a suspicion that unauthorized persons have gained knowledge of the access credentials, the user must immediately inform PebbleByte and change the password.
Account usage: Each registered user may only use the RevWize account for their own company or for their own business purposes. Use of the account for or by third parties (e.g., subletting, service for other companies) is only permitted with prior written consent from PebbleByte. The user ensures that their authorized employees also comply with these GTC. Actions by third parties to whom the user grants access to their account are deemed to be the user's own actions.
Data currency: The user undertakes to keep the data provided during registration up to date at all times. Changes (e.g., address, contact person, billing information, company name) must be updated in the platform or promptly communicated to PebbleByte. Until notification of a change, PebbleByte may legally issue declarations and make deliveries to the last stored contact details.

§ 4 User Obligations When Using the Platform

Lawful use: The user undertakes to use RevWize exclusively within the framework of applicable legal provisions. In particular, the user will:
- Obtain consent: Send SMS messages for advertising purposes (e.g., review requests, marketing SMS) only to those end customers who have effectively consented or for whom there is another legal permission for advertising messages via SMS. Unsolicited advertising SMS without prior consent of the recipient are prohibited by law (e.g., pursuant to § 174 Telekommunikationsgesetz 2021 in Austria). The user bears responsibility for ensuring that the required consents of the recipients were obtained before sending and are documented.
- Content and third-party rights: Do not send any illegal, offensive, discriminatory, harmful to minors, or otherwise inappropriate content via the platform. In particular, the user may not send any content that violates personal rights, copyrights, trademark rights, or other third-party rights. They ensure that the necessary usage rights exist for all content used (text modules, links, images or logos in SMS, if applicable).
- No spam or harassing communication: Do not use the platform to mass-send messages without appropriate cause or authorization. Sending may only take place to the usual extent expected by the respective end customer (e.g., a review request immediately after a customer visit). Inappropriate or harassing messages must be refrained from.
- No abusive use: Do not apply technologies or upload data that could damage, overload, or sabotage the platform (e.g., no transmission of malicious code, viruses, or automated requests that disrupt the operation of the platform). The user will also not attempt to gain unauthorized access to parts of the platform or the underlying systems and databases (no "hacking" of the infrastructure).
Data protection and confidentiality of customer data: The user may only enter personal data of end customers into RevWize for whose use they are authorized (see also §6 Data Protection). Customer data collected or processed via RevWize may only be used by the user for the respective agreed purposes (e.g., review requests, campaigns). Any further use or disclosure of this data is inadmissible unless there is express consent from the data subject or legal authorization.
Cooperation obligations: The user will perform necessary cooperation activities so that PebbleByte can provide the contractual services. This includes in particular that the user provides correct information when setting up their account (see §3 para. 1) and appropriately informs PebbleByte of technical disruptions (e.g., documenting error messages). Likewise, the user should promptly adopt updates to the platform and follow any security measures recommended by PebbleByte (e.g., regular password changes).
Consequences of violations and indemnification: In the event of violations of the above obligations, PebbleByte is entitled to take appropriate measures at its own discretion – from a warning to temporary suspension of individual functions or the entire access up to extraordinary termination for cause (§10) – to ensure compliance with these GTC. In case of serious violations or suspicion of unlawful use, PebbleByte may temporarily block the account without prior notice to avert damage; the user will be informed immediately. The user indemnifies PebbleByte against all third-party claims asserted against PebbleByte due to a culpable violation by the user of the obligations under these GTC or applicable laws in connection with the use of RevWize. This also includes any fines or administrative proceedings (e.g., due to unauthorized advertising messages), provided they were caused by the user's behavior. The indemnification also includes reasonable legal defense costs of PebbleByte.

§ 5 Usage Rights to the Platform

Software rights: PebbleByte grants the user for the duration of the contract the non-exclusive, non-transferable, non-sublicensable right to use the RevWize platform in the form offered for their own business purposes. This usage right includes access to the web application and the loading, display, and use of the software functions in accordance with the contractual purpose (sending SMS, etc.). 100% availability or uninterrupted usability of the software is striven for by PebbleByte but cannot be technically guaranteed (see §7 Availability for this).
Copyrights and protective rights: All copyrights, trademarks, trade secrets, and other protective rights to the platform and the underlying software lie exclusively with PebbleByte or its licensors. The source code of the software is not disclosed. The user only receives the usage rights mentioned in para. 1. In particular, the user is not permitted to reproduce, edit, make publicly available, or make accessible to third parties (except authorized end customers within the framework of platform functions) the software or parts thereof outside of the permitted usage actions. Also prohibited are reverse engineering, decompiling, or other attempts to determine the source code or structure of the software, unless this is expressly permitted by law (e.g., for interface interoperability).
Feedback and suggestions: If the user provides PebbleByte with feedback, bug reports, or suggestions for improvement regarding the platform, PebbleByte may use these suggestions free of charge for the further development of the software. No rights accrue to the user from this (neither for remuneration nor for later claims to specific new functions).
Violations of usage rights: In the event of unauthorized use of the platform by the user or under their responsibility (e.g., unauthorized disclosure of access credentials to third parties or impermissible reproduction of software parts), PebbleByte is entitled to temporarily block the user's access and/or terminate the contract for cause (§10) after the user has been unsuccessfully warned. Further claims by PebbleByte, in particular for damages or injunction, remain unaffected.

§ 6 Data Protection and Data Processing

Roles of the parties: To the extent that the user enters or processes personal data of end customers as part of the use of RevWize (such as telephone numbers, names, reviews, etc.), the user acts as a controller in thedata protection sense. PebbleByte processes this end customer data exclusively on behalf of and following the instructions of the user as a processor in accordance with Art. 28 GDPR. For this purpose, the parties automatically conclude aData Processing Agreement (DPA)upon registration, which regulates the details of data processing. This DPA is provided to the user upon registration or contract commencement.
Content of the DPA: In theDPAin accordance with Art. 28(3) GDPR, among other things, the subject matter and duration of processing, nature and purpose of processing, the type of personal data (e.g., contact data such as telephone numbers), and the categories of data subjects (the user's end customers) are specified, as well as the obligations and rights of PebbleByte as processor. In particular, PebbleByte undertakes to process the end customers' data only in accordance with the documented instructions of the user, to appropriately protect it, and to either delete it or return it to the user after the end of the contract (see Art. 28 GDPR).
Technical and organizational measures (TOM): PebbleByte ensures through appropriate technical and organizational measures (e.g., encryption during transmission, access restrictions, regular backups) that personal data is processed securely within the platform and that only authorized persons have access. Details on this are outlined in theDPA. The user has the right to inspect these measures and, if there is a legitimate interest, to request evidence (e.g., in the form of certifications or information).
Use of subcontractors: PebbleByte may use sub-processors to provide the services (such as hosting providers, SMS sending service providers, or payment providers), but must ensure that they are subject to the same data protection obligations as agreed between PebbleByte and the user (Art. 28(2) and (4) GDPR). A current list of sub-processors can be made available upon request. If PebbleByte intends to engage additional sub-processors or replace existing ones, the user will be informed in advance. The user has the right to object to a change in sub-processors for an important data protection reason.
User obligations (as controller): The user remains responsible for the processing of the personal data of their end customers. In particular, they must ensure that all necessary consents of the end customers are available or that other legal permission requirements are met before entering personal data into RevWize or sending SMS (see §4 para. 1). The user is also responsible for fulfilling their information obligations towards the data subjects (e.g., data protection notices to end customers, in which PebbleByte may be mentioned as processor). It is likewise the user's responsibility to handle incoming data subject requests (e.g., information or deletion requests from their customers); PebbleByte will support this to a reasonable extent by, for example, providing the necessary functions to export or delete data.
Data use by PebbleByte: PebbleByte will not use the personal data provided by the user for its own purposes (e.g., own advertising) or disclose it to third parties, unless this is necessary to fulfill contractual obligations or required by law. PebbleByte reserves the right to conduct statistical analysis in aggregated, anonymized form (e.g., number of SMS sent per month across all customers) to improve the offering, but without reference to individual end customer data.
Confidentiality: PebbleByte treats all information obtained about the user and their end customers in the course of contract performance confidentially. Employees of PebbleByte or commissioned subcontractors who have access to personal data are obligated to maintain confidentiality. This obligation remains in effect even after termination of the contract.
Data deletion: After the end of the contract (termination of use of RevWize), PebbleByte will, at the user's choice, either delete or return to the user all personal data it has processed on behalf, unless there are legal retention obligations. The deletion is carried out in accordance with data protection law and irreversibly. Upon written request by the user, PebbleByte will confirm the deletion in writing.
Further provisions: Otherwise, the provisions of the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG) as well as other relevant regulations apply to the protection of personal data. Further information on data protection can also be found in thePrivacy Policyof PebbleByte, available on the company website. However, this privacy policy is not part of the contract, but serves only for information purposes. Contractually relevant are primarily the provisions of this §6 and the concluded DPA.

§ 7 Platform Availability

General availability: PebbleByte endeavors to ensure high availability and operational readiness of the RevWize platform. However, completely uninterrupted availability is technically not feasible and therefore cannot be guaranteed. There is no claim to a specific minimum availability unless expressly agreed in writing in a separate Service Level Agreement (SLA).
Maintenance and improvement: PebbleByte regularly carries out maintenance work on the platform to ensure security and functionality. Plannable, non-urgent maintenance work that could result in temporary unavailability of the platform will – where possible – be performed outside normal business hours and announced in advance to the user (e.g., via notice in the application or by email). During such announced maintenance windows, the user has no claim to use of the platform.
Unscheduled disruptions: In urgent cases (e.g., security-critical updates, unforeseen technical problems), PebbleByte may take the platform offline or restrict operations at short notice even without prior announcement. In such cases, PebbleByte will endeavor to remedy the disruption as quickly as possible and inform the user about the nature of the disruption and the expected duration, provided that communication about it is not itself affected by the disruption.
Circumstances beyond the sphere of influence: Certain events may affect the availability or function of the platform without PebbleByte being responsible for them. These include in particular force majeure (e.g., natural disasters, fire, government orders), power outages, disruptions to telecommunications networks or third-party infrastructure (e.g., failure of the data center or SMS gateways), attacks by third parties (e.g., DoS attacks), and other unforeseeable circumstances. Such events do not constitute liability on the part of PebbleByte, provided PebbleByte takes reasonable measures to mitigate damage (e.g., use of redundant systems, security technologies). The times of unavailability due to such circumstances are not counted towards any agreed availability times.
Support: PebbleByte offers the user support with technical problems or questions about using the platform (e.g., via a support email or a ticket system). The precise support services (availability, response times) are derived from the information on the website or separate agreements. Unless a separate service level or premium support is agreed, there is no entitlement to a specific timeframe for problem resolution. However, PebbleByte will generally process user inquiries within a reasonable period.

§ 8 Liability

Free services: To the extent that PebbleByte provides additional services free of charge (e.g., as part of a free trial phase or goodwill services), PebbleByte is liable for damages occurring there exclusively in cases of willful intent or gross negligence. For free services, liability for simple negligence is excluded.
Paid services – scope of liability: For paid use of the platform (i.e., sending SMS for a fee), PebbleByte is liable within the scope of statutory provisions only to the following extent:

For willful intent and gross negligence, PebbleByte is liable without limitation, i.e., PebbleByte is liable for all resulting damages.
For simple (slight) negligence, PebbleByte is liable only for breach of a material contractual obligation. Material contractual obligations are those obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the user may regularly rely (so-called cardinal obligations). In these cases (slight negligence in breach of material obligations), PebbleByte's liability is limited in amount to the typical and foreseeable damage at the time of contract conclusion. Not considered foreseeable are in particular any damages of the user from lost profit, business interruption, lost business opportunities, or indirect consequential damages – PebbleByte assumes no liability for such consequential damages in cases of slight negligence.

Maximum amount of liability: In any case (except for willful intent, personal injury, or claims under the Product Liability Act), PebbleByte's liability is limited in amount. Liability for slight negligence is – to the extent legally permissible – limited in amount to the total sum that the user has paid to PebbleByte for use of the platform in the last 12 months prior to the damaging event. If the foreseeable, contractually typical damage exceeds this amount, liability is likewise excluded to that extent. This limitation applies to all damage cases of one year together.
Statutorily unlimited liability: Unaffected by the above limitations of liability remains any mandatory statutory liability of PebbleByte, in particular for personal injury (injury to life, body, health) and under the Product Liability Act. In these cases, PebbleByte is liable to the statutory extent without limitation. Likewise unaffected remains liability in cases where PebbleByte has exceptionally assumed a guarantee (provided such has been expressly stated in writing) – for the fulfillment of a guarantee, PebbleByte is liable in accordance with statutory provisions.
Contributory negligence and data loss: If damage is attributable both to fault on the part of PebbleByte and to fault on the part of the user (e.g., insufficient data backup, breach of obligations under these GTC), the user is obligated to have their contributory negligence taken into account (§ 1304 ABGB or § 254 BGB). For data losses, PebbleByte is liable – beyond the provisions of paragraphs 2 and 3 – only to the extent that the damage would also have occurred even with proper regular data backup on the user's side. The user must therefore take care to adequately secure the data they have entered (e.g., local copies of customer lists, export of collected reviews, etc.).
Liability for third-party services: PebbleByte is not liable for service failures or damages caused by third parties that PebbleByte uses to fulfill the contract (subcontractors), provided PebbleByte has carefully selected and regularly reviewed them. In particular, PebbleByte assumes no liability or warranty that SMS messages will be successfully delivered, as SMS transmission takes place via the networks of mobile operators and possibly external SMS services over which PebbleByte has no control. PebbleByte merely ensures sending to the appropriate provider; PebbleByte is not responsible for delay or failure of delivery to the end customer. Likewise, PebbleByte is not liable for the availability or functionality of external services integrated via the platform (e.g., Google services for reviews, Stripe payment service) – the respective terms and conditions of these third-party providers apply to these.
User liability: The user is liable to PebbleByte for all damages arising from a breach of their contractual obligations, in accordance with statutory provisions. In particular, the user must reimburse PebbleByte for all damages and expenses resulting from the indemnification cases mentioned in §4 para. 4, provided the user is responsible for the underlying breach.

§ 9 Billing and Payment Terms

Pay-per-use pricing model: Use of RevWize is free of charge as long as no SMS are sent. Costs only arise from the active sending of SMS messages via the platform. For each SMS sent, a usage fee is charged according to PebbleByte's current price list. The applicable price per SMS is displayed to the user in the web interface (e.g., as a price indication before sending or in the settings) and is understood as net plus applicable VAT. PebbleByte may change the prices per SMS with effect for the future; price adjustments will be communicated to the user at least 4 weeks before they take effect (e.g., by email). In the event of a price increase, the user has a special right of termination as of the effective date of the change, which will be indicated in the notification (see §11).
Billing interval and minimum amount: Billing for accrued SMS costs does not occur in real-time after each SMS, but collectively. PebbleByte automatically creates a bill for the user once an invoice amount of at least €10 is reached, but at the latest at the end of a period of three (3) months after the last billing. This means: The SMS charges accumulated over a period are deferred until they amount to at least €10 net. If this threshold is reached earlier, billing occurs at that time; if the threshold is not reached, billing occurs after at most 3 months for the lower amount accrued up to that point. Example: If the customer uses the service only minimally and charges of e.g., €5 accrue in 3 months, an invoice for €5 is issued at the end of the quarter, even though the minimum billing amount was not reached. This ensures that billing occurs at least quarterly.
Payment processing via Stripe: Payment of invoices is made via Stripe, an external payment service provider. For this purpose, the user must deposit a valid payment method (e.g., credit card or SEPA direct debit) in the platform upon registration or at the latest before the first SMS sending. The user hereby authorizes PebbleByte and Stripe to automatically collect the amounts due upon invoicing via the deposited payment method. Payment processing is governed by Stripe's terms of use; PebbleByte only receives from Stripe the information necessary for payment processing (no complete payment data such as credit card numbers, except in tokenized form).
Invoicing: Invoices are issued in electronic form (PDF by email to the email address registered in the account and/or for download in the user account). Each invoice contains a breakdown of the billed SMS (number of SMS, price per item, total amount) and the billing period. Sales tax is – if applicable – shown separately. In cross-border EU transactions, sales tax is handled according to tax law provisions (Reverse Charge, if permissible, otherwise country-specific tax). The user is obligated to check invoices promptly and assert objections in writing within 14 days of receipt of the invoice. If no objection is made within this period, the invoice is deemed accepted (PebbleByte will specifically point out this consequence in the invoice). Statutory claims in the event of justified complaints after the deadline remain unaffected.
Payment deadline and due date: Unless otherwise stated on the invoice, invoices are due immediately upon receipt without deduction. The debiting of the deposited payment method occurs promptly after invoicing. If an amount due cannot be collected (e.g., due to insufficient funds or invalid payment data), the user falls into payment arrears without further reminder. In this case, PebbleByte is entitled to temporarily block access to sending further SMS or to the platform altogether until payment has been made.
Payment arrears: In case of default, default interest is charged at the statutory rate (for business customers usually 9 percentage points above the base rate p.a. according to § 456 UGB or Art. 3 of EU Directive 2011/7/EU on payment arrears). PebbleByte is furthermore entitled to demand a reasonable reminder fee per reminder or to transfer the matter to a collection agency or legal representation for collection. All costs incurred by PebbleByte as a result of payment arrears (e.g., collection fees, legal reminder costs) are to be borne by the user insofar as these were necessary. Further rights of PebbleByte in case of payment arrears (e.g., extraordinary termination for cause after a reasonable period) remain unaffected.
No set-off and retention: The user is not entitled to set off against claims by PebbleByte or to exercise a right of retention, unless their counterclaim has been finally established by a court or is undisputed. Payment claims by PebbleByte from this contract may not be unilaterally reduced or withheld by the user, not even in the case of alleged defects, unless PebbleByte has already definitively refused the services in question or revoked the usage rights.
Price changes: PebbleByte reserves the right to change the prices (particularly the SMS sending price) to a reasonable extent in order to respond to changed costs (e.g., from telecommunications providers) or market developments. Price changes will be communicated to the user at least 4 weeks before they take effect in text form. If the user does not agree with the price adjustment, they may terminate extraordinarily as of the effective date of the change (see §11); PebbleByte will indicate this in the notification. If the user does not exercise their special right of termination, this is deemed consent to the price change, and the contract continues under the new terms.

§ 10 Contract Duration and Termination

Indefinite contract: The contract for the use of RevWize is – in the absence of a deviating individual agreement – concluded for an indefinite period. There is no minimum contract term. The contract begins with the provision of the user account (see §1 para. 2) and then runs for an indefinite period until it is terminated by one of the parties.
Ordinary termination by the user: The user may terminate the usage contract at any time without stating reasons in text form (e.g., by email). Alternatively, the user may, if a corresponding function is provided in the user account, independently delete their user account, which is deemed to be termination of the contract. For the sake of any follow-up questions, PebbleByte recommends sending the termination by email to the official support address. Subject to different agreement, the termination becomes effective with immediate effect upon receipt of the termination, and access will be deactivated shortly thereafter. However, usage fees already incurred (for SMS sent) remain due for payment even after termination. If the amount accrued up to the time of termination does not reach the €10 threshold (see §9 para. 2), a final bill will nevertheless be created and invoiced for the actual amount.
Ordinary termination by PebbleByte: PebbleByte may likewise terminate the contract at any time without stating reasons with a notice period of 1 month to the end of the month. Termination is made in text form (e.g., to the user's email address registered in the account). PebbleByte will exercise this right of ordinary termination in particular in the case of very long-term inactivity of an account or discontinuation of the service, whereby in the latter case efforts will be made to offer longer periods or alternatives.
Extraordinary termination (important reason): The right of both parties to terminate for cause remains unaffected. An important reason for PebbleByte exists in particular if the user seriously or repeatedly violates material obligations under these GTC (e.g., §4 obligations or §5 usage rights) and does not remedy the situation despite a warning, or if the user falls into payment arrears (cf. §9 para. 6) and a reasonable grace period passes fruitlessly. A warning is not necessary if it is clearly futile or if the violation is so serious that PebbleByte cannot be expected to adhere to the contract. In the event of such an extraordinary termination by PebbleByte, the user's access is immediately blocked. Fees already incurred become immediately due for payment; advance paid credits will – unless a claim for damages by PebbleByte is to be offset – be refunded proportionately.
Consequences of termination for end customers: The user is responsible for making any communication to their end customers regarding the termination of use of RevWize (e.g., if ongoing campaigns or check-in functions are discontinued). PebbleByte will not send independent communications to the user's end customers.

§ 11 Changes to these GTC

PebbleByte reserves the right to change or supplement these GTC with effect for the future, provided there is a valid reason for doing so. Valid reasons may include, for example: Changes in legislation or case law, expansion of the platform with new functions, change of security vulnerabilities, or a change in economic circumstances that makes an adjustment necessary.
Changes to the GTC will be communicated to the user at least 30 days before the planned effective date in text form (by email to the registered address or upon login to the platform). The respective changes will be highlighted in this notification. The user has the right to object to the changes within the 30-day period. If the user does not object within this period in writing or in text form, the changes are deemed accepted and become part of the contract. PebbleByte will specifically point this out to the user in the change notification.
If the user objects in due time to the amended GTC, both parties have the right to terminate extraordinarily before the change takes effect. If neither party terminates despite the objection, the contract continues under the originally agreed terms; in this case, PebbleByte reserves the right to terminate the contract ordinarily according to §10 para. 3 if continuing under the old terms appears unreasonable.
Changes of a purely beneficial nature (i.e., that exclusively benefit the users, e.g., expansion of liability limitations in favor of users, introduction of new free services) or purely editorial changes (e.g., correction of typos, clarifications) may be made without observing the above procedure. Such changes will be communicated to the user; there is no right of objection insofar, unless they concern material contract components.
A change in prices is carried out according to the procedure in §9 para. 8, not according to the general procedure of this §11, insofar as these deviate from §11. Likewise, a change in contracting party data (e.g., company name, contact details of PebbleByte) remains unaffected by this clause; however, PebbleByte will inform the user of such changes in an appropriate manner.

§ 12 Applicable Law and Jurisdiction

Choice of law: This contract including these GTC is governed by the law of the Republic of Austria. The application of conflicts of law (PIL) as well as the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Law, CISG) is excluded. For services to users in other EU countries, this choice of law does not result in the user being deprived of the protection of mandatory consumer protection provisions of the country of their habitual residence – this point is mentioned here for the sake of completeness but has practically no effect since the offer is exclusively directed at businesses (not consumers).
Jurisdiction: Exclusive jurisdiction for all disputes arising from or in connection with this contract is – to the extent legally permissible – the court with subject-matter jurisdiction for Vienna, Austria. Alternatively, PebbleByte is entitled to assert claims against the user at their general place of jurisdiction. Mandatory statutory places of jurisdiction (e.g., for certain lawsuits) remain unaffected.
Contract language: The contract language is German. Any communication and support services are also provided in German unless otherwise agreed. Should PebbleByte translate these GTC into another language, this serves only for understanding purposes; in case of doubt, the German wording takes precedence.

§ 13 Final Provisions

No collateral agreements: These GTC as well as any additional agreements concluded in writing (e.g., Data Processing Agreement, individual service descriptions or offers) constitute the entire agreement between the parties regarding the use of the RevWize platform. No oral collateral agreements exist. Changes or additions to the contract (including these GTC) require, unless otherwise specified in these GTC, written form. The written form requirement also applies to a deviation from this form requirement itself.
Confidentiality: Both contracting parties treat all confidential information of the other side that becomes known to them in connection with this contract as secret. Confidential information includes in particular trade secrets, customer lists, technical details, and all information marked as confidential. This obligation continues beyond the end of the contract. Permissible exceptions (e.g., manifest or publicly known information, legally required disclosures) remain unaffected.
Transfer of rights: The user may only transfer rights and obligations from this contract to third parties with prior written consent from PebbleByte. A complete or partial assumption of contract by a legal successor of the user (e.g., in case of company sale) also requires the consent of PebbleByte, which will not be unreasonably withheld. PebbleByte is for its part entitled to transfer the contract with the user to an affiliated company, provided this does not impair legitimate interests of the user.
Severability clause: Should a provision of this contract or these GTC be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions remains unaffected. In place of the invalid clause, the statutory regulation automatically applies. If no suitable statutory regulation is available or if this would lead to an intolerable result in individual cases, the parties enter into negotiations to find a valid provision by mutual agreement that comes as close as possible to the economic purpose of the invalid clause. The same applies to any gaps in the contract.
No right of withdrawal & consumer rights: For clarification, it is noted that the user has no right of withdrawal or cancellation under distance selling law, as only entrepreneurs are contracting parties. Should consumer protection provisions nevertheless apply in exceptional cases (for example, if a user is to be qualified as a consumer contrary to the requirements), mandatory statutory consumer rights remain unaffected; however, such cases do not affect the validity of the other provisions of these GTC.
Notifications: Legally relevant notifications or declarations that the user wishes to transmit to PebbleByte within the framework of the contract (e.g., terminations, reminders, deadlines) must – unless more stringently regulated in these GTC – be submitted at least in text form (email). An email to PebbleByte's official contact address (according to the legal notice or contract) satisfies the text form requirement. PebbleByte may send declarations to the user at the email address registered in the customer account. Both parties are obligated to take note of a received electronic declaration without delay.
Appendix – Data Processing Agreement:Upon registration – as mentioned – a Data Processing Agreement is concluded in accordance with Art. 28 GDPR. This DPA is attached to this agreement as an appendix or is made available to the user. In case of doubt, with regard to data protection matters, the content of the DPA takes precedence over the provisions of these GTC insofar as it is stricter or more specific. In all other cases, the GTC and DPA complement each other.