Byte-Solutions GmbH, Kärntner Straße 538, 8054 Seiersberg-Pirka, Austria · FN 605917f · VAT ID ATU79581105 · Managing Director: Matthias Hoinik · E-mail: [email protected] · Support: [email protected] (hereinafter “Byte Performance” or “we”).

Version date: 15 October 2026, Version 1.0. The contract language is German; versions in other languages are provided for information purposes only.

§ 1 Scope, Contracting Parties (B2B only)

1. These Terms and Conditions (“Terms”) apply to the dealer portal dealer.byte-performance.com (“Portal”) and to all services provided via the Portal, in particular the processing of control unit data (“file service”). The Website Terms of Use additionally apply to the website byte-performance.com.
2. We provide services exclusively to businesses within the meaning of § 1 KSchG (Austrian Consumer Protection Act) and the UGB (Austrian Commercial Code) (workshops, dealers, tuning companies, manufacturers, fleet operators). Consumers are not supplied. By registering, the dealer confirms that it obtains the services for its business.
3. We may request proof of business status (trade licence, extract from the commercial register, VAT ID number for businesses established in another EU country) and suspend the account until such proof is provided.
4. The dealer must be of legal age and authorised to represent its business.
5. Conflicting or supplementary terms and conditions of the dealer shall not apply, even if we do not expressly object to them.
6. By registering in the Portal, the dealer accepts these Terms and the data processing agreement (Annex B).

§ 2 Definitions

• Original file: the unmodified, complete read-out (Read) of a control unit (ECU/TCU/ACM/UDM) in its factory state.
• File: the modified file we create on the basis of the original file.
• Solution: a processing option selectable in the Portal (e.g. Stage 1, Eco, DTC adjustment, emissions-related solution).
• Emissions-related solution: any modification to functions of exhaust after-treatment or emissions control (including DPF, EGR, SCR/AdBlue, NOx sensors, lambda, throttle valve, inducement/derate).
• Request: an order in the Portal comprising the original file, machine data and the selected solutions.
• Credits: a balance held in the Portal used to pay for Requests.
• Re-Tune: renewed processing following a manufacturer software update or a reflash by the dealer.

§ 3 Registration, Account, Login Credentials

1. One account is kept per business; sub-accounts for employees are available on request. The information provided at registration must be correct and up to date.
2. Login credentials must be kept confidential and must not be passed on to third parties. Any use made through the account is attributed to the dealer. If misuse is suspected, [email protected] must be notified without delay.
3. Complaints and legally relevant declarations concerning a Request must be made via the Portal (ticket for the respective Request) or from the registered e-mail address.

§ 4 File Service Services

1. We process the uploaded original file according to the solutions selected by the dealer and make the file available for download in the Portal.
2. Processing times are stated in the Portal as guide values (business hours Monday to Friday 8 a.m.–6 p.m., Saturday 8 a.m.–12 noon (CET/CEST); outside these hours subject to availability). They are not fixed deadlines. Express processing may be offered separately.
3. We may reject or cancel Requests, in particular in the case of incomplete or third-party-tuned original files, unsupported control units, legally impermissible requests (e.g. immobiliser, odometer reading, speed limiter on road-registered trucks) or where a breach of § 6 is suspected. Credits already debited will be re-credited in such cases.
4. Stage 1 solutions are offered for every machine listed in the catalogue; DTC adjustments and emissions-related solutions only for approved control units and only under the conditions set out in § 6. Information in the catalogue (performance data, control units, read methods) is taken from the manufacturer lists of the tool providers and constitutes guide values.
5. Re-Tune: After a manufacturer update or reflash, a new Request with a new Original-Read is required. Within 24 months of the original Request, the Re-Tune of the same machine (same serial number, same solutions) is charged at 50 % of the current price. For dealers using a Slave-Tool, the Re-Tune is invoiced on a case-by-case basis after consultation.

§ 5 Dealer’s Duties to Cooperate

The dealer shall ensure that

1. the original file is complete, unmodified and read from the machine’s factory state, and that a backup copy remains with the dealer;
2. the tool, read method (OBD, Bench, Boot), machine data (manufacturer, type, engine, serial number/VIN, control unit, software version) and existing fault codes are stated correctly in the Request;
3. the tool used correctly calculates the checksum of the control unit; clone tools and third-party formats are used at the dealer’s own risk;
4. the file is checked for plausibility before writing and is written only by qualified personnel with a stable power supply;
5. no personal data (names, registration plates, contact details of the end customer) are transmitted in file names, comments or file contents unless technically necessary.

§ 6 Legal Admissibility, Off-Road, Motorsport and Export Clause

1. Modifications to engine management and exhaust after-treatment may affect the type approval, operating permit or registration of a machine. The relevant provisions include the EU Regulations (EU) 2018/858, (EC) 715/2007 and (EC) 595/2009, the NRMM Regulation (EU) 2016/1628 for non-road mobile machinery (agricultural and construction machinery), in Austria § 33 KFG (Austrian Motor Vehicle Act), in Germany § 19 StVZO (German Road Traffic Licensing Regulations), in the USA the Clean Air Act, and the respective national regulations at the place of use.
2. We provide emissions-related solutions exclusively for machines and vehicles that are not operated on public roads and not within the scope of the relevant emissions regulations: motorsport, closed company premises, test bench and development, export to markets without corresponding regulations.
3. With every Request containing an emissions-related solution, the dealer declares the permitted intended use and the country of use by active confirmation in the Portal (Declaration of Intended Use, Annex C). Without this declaration the Request will not be accepted; the declaration, time and IP address are logged. The designation “Off-Road” or “Export” alone does not constitute an exemption from applicable law; the dealer is solely responsible for verifying admissibility at the place of use.
4. Notice for the EU/EEA: If a machine or vehicle is operated within the scope of EU regulations after such a modification, type approval and registration may lapse, insurance cover may be lost and fines may be imposed. Notice for non-EU countries: The dealer shall verify the local regulations before use.
5. The dealer shall inform its end customers objectively about possible consequences for registration, manufacturer warranty and insurance.
6. The dealer shall indemnify us against all claims by third parties, authorities and end customers as well as against fines arising from use contrary to this provision, and shall reimburse the costs of legal defence.

§ 7 Prices, Credits, Payment

1. The prices stated in the Portal at the time of the Request apply, net plus VAT; for businesses established in another EU country with a valid VAT ID, the reverse-charge procedure applies.
2. Credits are purchased in advance (packages according to the price list), are tied to the account, non-transferable and not redeemable for cash. Credits expire if the account has not been used for 24 consecutive months; we will give notice of this 60 days in advance by e-mail to the registered address. Unused Credits may be bought back on application within 30 days of purchase against a handling fee of 20 %.
3. Once approved, payment may be made on invoice (payment term 14 days net). In the event of default, the statutory default interest under § 456 UGB as well as reminder and collection costs apply. Until payment has been made in full, we may suspend further Requests.
4. Payment via PayPal or credit card (via Stripe) is possible per order. Chargebacks without a prior complaint via the Portal constitute a breach of contract; the dealer bears the resulting costs, and the account may be suspended.
5. Prices may be changed at any time for future purchases; Credits already purchased retain their nominal value.

§ 8 Delivery, Complaints, Rectification

1. The file is deemed delivered once it is made available in the Portal. Rescission or withdrawal after the file has been made available is excluded; performance begins with the Request.
2. Defects must be notified via the Portal within 7 days of the file being made available (§ 377 UGB). The notification must include: a description of the fault, current fault codes, logfile/datalog, tool log, software version and – for performance complaints – dynamometer readings. Without this information the complaint cannot be processed.
3. In the case of a justified complaint, we are entitled to rectify the defect in up to three attempts. If rectification fails, we will deliver a replacement file or re-credit the Credits debited. No cash refund will be made. Further claims are governed by § 9.
4. The following do not constitute a valid complaint: incorrect or incomplete original file; third-party-tuned or previously damaged control unit; hardware defects, voltage drop or write errors during flashing; checksum errors from clone tools; the dealer’s own modifications to the file; performance deviation of less than 15 % from the service description on the dynamometer; sale of the machine; payment default by the end customer.
5. Restoring a third-party-tuned control unit to its factory state is a separate, chargeable service.

§ 9 Warranty and Liability

1. We provide warranty in accordance with § 8. Any warranty beyond this is excluded to the extent permitted by law. The service description in the Portal alone is decisive; performance and consumption figures are guide values, not guarantees.
2. Interventions in engine management systems may cause damage to the engine, control unit, drivetrain and exhaust system and may affect the manufacturer’s warranty. The dealer bears the operational risk of use.
3. We are liable only in cases of intent and gross negligence. Liability for slight negligence, consequential damage, loss of profit, business interruption, loss of data, damage to machines, vehicles and control units, loss of warranty or insurance claims, and fines is excluded.
4. To the extent that liability exists, it is limited per claim to the value of the affected Request, but in any event to a maximum of EUR 1,000. Liability for personal injury and under the Product Liability Act remains unaffected.
5. Claims of the dealer become time-barred 12 months after the file has been made available.

§ 10 Ownership, Copyright, Licence

1. All rights in files, solutions, calibrations, software, databases, know-how, website and Portal content, and in the Byte Performance brand belong to us.
2. For each file, the dealer receives a non-exclusive, non-transferable, non-sublicensable right of use for exactly one machine (serial number/VIN) and its control unit. Use for further machines, passing on or reselling the file, publication, decompilation, analysis for the purpose of replication, and use for building the dealer’s own databases or file services are prohibited.
3. The dealer may deliver the processed machine to its end customer; the file itself is not passed on to the end customer.
4. For each breach of paragraph 2, a contractual penalty of EUR 2,500 becomes due; we reserve the right to claim further damages.

§ 11 Original Files, Data and Confidentiality

1. The dealer warrants that it is authorised to read out and upload the original file.
2. We store original files, files and Request data for the performance of the contract, for processing complaints and Re-Tunes, and as evidence for the duration of the statutory retention periods (in Austria 7 years, § 132 BAO (Austrian Federal Fiscal Code)).
3. The dealer grants us the right to include original files and the technical findings derived from them – without serial number, registration plate or other personal data – in our database and to use them for the development and improvement of solutions for all dealers. This right is unlimited in time and territory and survives termination of the contract.
4. Original files and files remain retrievable in the Portal for as long as the account exists; we may set storage limits and archive files after 36 months of account inactivity (restoration on request).
5. Control unit data may in individual cases contain personal data. To the extent that we process such data on behalf of the dealer, the data processing agreement pursuant to Art. 28 GDPR (Annex B) applies. In all other respects, our Privacy Policy applies.
6. Both parties shall treat the other party’s prices, terms, technical solutions and business data as confidential, including after termination of the contract.

§ 12 Website and Portal

1. The website and the Portal may only be used for their intended purpose. Automated extraction (scraping), circumvention of access restrictions, load testing and the introduction of malicious code are prohibited.
2. We endeavour to ensure high availability but do not owe uninterrupted accessibility. Where possible, we announce maintenance windows in the Portal.
3. Listing the dealer on our website (dealer list) or use of our brand by the dealer requires our written approval.

§ 13 Support

Support is provided via the Portal (ticket) and [email protected] during business hours Monday to Friday 8 a.m.–6 p.m. and Saturday 8 a.m.–12 noon (CET/CEST). Response times are target values. Telephone support for technical file questions is not offered. We do not owe a solution for every enquiry.

§ 14 Suspension, Termination, End of Contract

1. The dealer may terminate the agreement at any time; we may terminate it with 30 days’ notice. Existing Credits may be used until the end of the contract and until the expiry period under § 7; no refund is made.
2. We may suspend the account in whole or in part or terminate it without notice in the event of breaches of § 6 or § 10, false statements regarding business status, payment default after a grace period of 14 days, abusive chargebacks or the dealer’s insolvency. Suspension shall be limited to the extent necessary.
3. Upon termination of the contract, access to the Portal ends. Licences for files already delivered remain in force for the respective machine. Outstanding claims become due.

§ 15 Amendments to this Agreement

We announce amendments at least 30 days before they take effect in the Portal and by e-mail to the registered address. If the dealer does not object within this period, the amended version applies; in the event of an objection, either party may terminate with effect from the date the amendment takes effect. Each version bears a version number and date.

§ 16 Final Provisions

1. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law.
2. The exclusive place of jurisdiction is the court with subject-matter jurisdiction in Graz, Austria.
3. The contract language is German. Translations are provided for information purposes; in the event of discrepancies, the German version prevails.
4. Should any provision be invalid, the remainder of the agreement remains in force; the invalid provision shall be replaced by the valid provision that comes closest to its purpose.
5. Amendments and side agreements must be made in text form. The dealer may assign rights under this agreement only with our consent.

Annexes

• A: Price list and Credit packages (incl. Re-Tune flat rate, express surcharge)
• B: Data processing agreement pursuant to Art. 28 GDPR (subject matter: control unit data; duration; sub-processors: hosting; technical and organisational measures)
• C: Declaration of Intended Use per Request (checkbox in the Portal: motorsport / closed company premises / export – country of use / test bench; serial number; timestamp and IP are logged)
• D: Complaint form (mandatory fields: fault codes, logfile, tool log, software version, dynamometer readings)