Terms and Conditions

1. Scope

These General Terms and Conditions (hereinafter “Terms”) apply to all contracts between

SH Engineering

Wittelsbacherstraße 36

90584 Allersberg

(hereinafter “Provider”) and the user (hereinafter “Customer”) concerning the use of the cloud-based software-as-a-service application “CE-Copilot” (hereinafter “Service” or “CE-Copilot”).

Deviating, conflicting or supplementary general terms and conditions of the Customer become part of the contract only if the Provider has expressly agreed to their application in writing. This requirement of consent applies in every case, including where the Provider performs the service without reservation in the knowledge of the Customer’s terms and conditions.

CE-Copilot is directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). By registering, the Customer confirms that they are acting in the exercise of their trade, business or profession.

2. Subject matter of the contract

CE-Copilot is a cloud-based software application that supports machinery manufacturers and other manufacturers in the CE marking of their products. The Service comprises in particular:

• AI-assisted creation and management of risk assessments
• Support in identifying applicable standards and directives
• Generation of CE-relevant documents
• Management of products and projects

The precise scope of services results from the respective service description on the Provider’s website at the time of ordering.

3. Registration & user account

Use of CE-Copilot requires registration. The Customer is obliged to provide truthful and complete information when registering and to update it without undue delay in the event of changes.

The Customer is responsible for keeping their access credentials confidential and is liable for all activities carried out under their user account. The Provider must be informed without undue delay of any suspected misuse of the account.

The Provider reserves the right to block or delete user accounts if there is reasonable suspicion of a breach of these Terms or of applicable law.

4. Description of services

The Provider makes CE-Copilot available to the Customer as a SaaS solution via the internet. Access is via a standard web browser. The Provider owes the provision of the software in its current version at any given time.

The Provider is entitled to further develop, extend or adapt the functional scope of CE-Copilot at any time, provided that the contractually agreed core functions are not materially impaired as a result.

5. Free trial period

The Provider offers new Customers a free trial period of 14 days. During the trial period, the Customer has access to the functional scope of the Starter plan, limited to a total of 2 projects per trial period; projects deleted or completed in the meantime also count towards this limit.

The trial period ends automatically once the 14 days have elapsed. There is no automatic conversion into a paid subscription. If the Customer wishes to continue using CE-Copilot after the trial period has expired, they must actively take out a paid subscription.

The Provider reserves the right to change the duration and scope of the trial period at any time. This does not apply to trial periods already in progress.

6. Prices & payment terms

The currently applicable prices result from the price overview on the Provider’s website. All prices are final prices; VAT is not shown separately.

Depending on the plan selected, billing is monthly, annually or, in the case of the three-year plan, once for 36 months in advance. Payment is made either by credit card or, where offered, on account by bank transfer.

For payment by credit card, payment is due upon invoicing. For purchase on account, the payment term is 14 days from the invoice date; the due date shown on the invoice is decisive.

The Provider reserves the right to adjust prices with a notice period of at least 4 weeks to the end of the respective contract term. Price adjustments will be communicated to the Customer by email. If the Customer objects to the price adjustment, the Customer has a special right of termination effective as of the date on which the price change takes effect.

In the event of default in payment, the Provider is entitled to block access to CE-Copilot after an unsuccessful payment reminder until payment has been received in full.

7. Contract term & termination

The contract term depends on the plan selected by the Customer (monthly, annually or 36 months in the case of the three-year plan).

With monthly billing, the contract may be terminated with 14 days’ notice to the end of the respective billing period.

With annual billing, the contract may be terminated with one month’s notice to the end of the respective contract term. If notice is not given in due time, the contract is automatically extended by the same period.

For the three-year plan, the initial term is 36 months; ordinary termination is excluded during the term. It may be terminated with one month’s notice to the end of the respective term; if notice is not given in due time, it is extended by a further 36 months in each case. The three-year plan is directed exclusively at entrepreneurs within the meaning of Section 14 BGB.

The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if the Customer is in default of payment despite a reminder or repeatedly breaches these Terms.

Notice of termination may be given by email to info@sh-eng.de or via the account management in CE-Copilot.

After the end of the contractual relationship, the Customer’s access is not blocked but converted into a read-only archive: the Customer retains access to their projects and the documents created and can continue to view and download them, in particular for evidence purposes (for example within the 10-year retention period for the technical file). Editing within the application, use of the AI functions and the creation of new projects are no longer possible.

The Provider is entitled to make the continued provision of the read-only archive subject to a small archive fee. The Customer will be notified of any such fee at least 4 weeks before its introduction; if the Customer does not pay it, provision of the archive ends no earlier than 30 days after a corresponding notice. Irrespective of this, the Customer may export their data at any time and request the deletion of their account; statutory retention obligations remain unaffected.

8. Liability & limitation of liability

The Provider is liable without limitation for damage resulting from injury to life, body or health that is based on a breach of duty by the Provider or on an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider.

The Provider is further liable without limitation for damage that is covered by liability under mandatory statutory provisions (e.g. the German Product Liability Act (ProdHaftG)), as well as in cases of intentional or grossly negligent conduct.

In the event of a slightly negligent breach of material contractual obligations (cardinal obligations), the Provider’s liability is limited to the damage that is typical for the contract and foreseeable. Material contractual obligations are those whose fulfilment is what makes the proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely.

In all other respects, the Provider’s liability, on whatever legal grounds, is excluded.

In particular, the Provider is not liable for damage caused by erroneous, incomplete or inaccurate AI-generated content (see Section 9).

9. AI-generated content (disclaimer)

CE-Copilot uses artificial intelligence (AI), in particular the AI service Claude from Anthropic, to generate content such as risk assessments, suggested standards and CE-relevant documents.

The Customer acknowledges that:

• AI-generated content may contain errors, omissions or inaccuracies and always requires independent expert review by the Customer.
• AI-generated content does not constitute legally binding advice and does not replace obtaining qualified legal advice.
• The quality and accuracy of AI-generated content depends materially on the data entered by the Customer.
• The Provider gives no warranty as to the accuracy, completeness or currency of AI-generated content.
• The Customer alone is responsible for the use and implementation of AI-generated content.

10. Availability & maintenance

The Provider endeavours to achieve the highest possible availability of CE-Copilot. Availability of 100 % is not technically feasible and is therefore not owed.

The Provider is entitled to temporarily restrict the availability of CE-Copilot for maintenance and update purposes. Scheduled maintenance work will, where possible, be announced in good time and carried out outside normal business hours.

The Provider is not liable for disruptions to availability that are due to force majeure, disruptions at third-party providers (e.g. hosting providers, AI providers) or other circumstances for which the Provider is not responsible.

11. Data protection

The protection of personal data is important to the Provider. For details on the collection, processing and use of personal data, please refer to our Privacy Policy.

Where the Customer processes personal data of third parties in the course of using CE-Copilot (e.g. employee data in project teams), the Customer is themselves the controller within the meaning of the GDPR and must ensure compliance with data protection provisions on their own responsibility.

12. Intellectual property

All rights in CE-Copilot, including the software, the design, the trademarks and the documentation, remain with the Provider. For the duration of the contractual relationship, the Customer receives a simple, non-transferable, non-sublicensable right to use CE-Copilot within the scope of these Terms.

The content created and entered by the Customer in CE-Copilot (e.g. project data, documents) remains the property of the Customer. The Provider obtains only those rights of use in this content that are necessary for the performance of the contract.

The Customer is prohibited from decompiling, disassembling or reverse engineering CE-Copilot or otherwise determining its source code.

12.1 Content uploaded by the Customer and third-party content (full texts of standards)

CE-Copilot offers the Customer the option of uploading and storing their own files, in particular full texts of standards that they have purchased themselves (e.g. PDF documents of technical standards). These files are stored exclusively and privately for the respective Customer account. The Provider never makes them publicly accessible and does not share them with other users or third parties.

The Customer warrants that they are entitled to use and store the content they upload and that in doing so they do not infringe any rights of third parties. For copyright-protected full texts of standards, the Customer warrants in particular that they hold a valid licence and that this licence expressly permits storage in a cloud or third-party system. Clarifying the licensing conditions with the respective standards supplier (e.g. DIN Media/Beuth) is solely the Customer’s responsibility.

The Provider acquires no rights in the uploaded content beyond mere storage and making it available to the Customer. The Provider does not analyse stored full texts of standards, does not reproduce them beyond technical storage and does not feed them into AI systems or public databases. Any AI-assisted analysis of the Customer’s own full texts of standards requires separate, express activation by the Customer and a licence required for this purpose (e.g. an AI licence from the standards publisher).

The Customer indemnifies the Provider against all claims by third parties, including claims for infringement of copyright or other intellectual property rights, arising from content uploaded by the Customer or from use exceeding the Customer’s entitlement. This also includes the reasonable costs of any necessary legal defence. The Customer confirms the warranty of entitlement separately when uploading.

The Provider is entitled to block or remove uploaded content if there are specific indications of an infringement of rights or if a rights holder submits a substantiated complaint. Rights holders may report an infringement to info@sh-eng.de; the Provider examines such reports and removes the affected content without undue delay in the event of a substantiated complaint (notice-and-action procedure). In the event of repeated or serious violations, the Provider is entitled to block the Customer’s access and to terminate the contractual relationship for good cause.

13. Final provisions

Amendments and additions to these Terms must be made in writing. This also applies to any waiver of this written form requirement.

The Provider is entitled to amend these Terms with a reasonable notice period (at least 4 weeks). The amendments will be communicated to the Customer by email. If the Customer does not object to the amendments within 4 weeks of receipt of the notification, the amended Terms are deemed to have been accepted. The Customer will be specifically informed of this legal consequence in the notification of amendment.

Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid or unenforceable provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

The law of the Federal Republic of Germany applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

14. Place of jurisdiction

If the Customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is the Provider’s registered office (Allersberg). The Provider is also entitled to bring an action against the Customer at the Customer’s general place of jurisdiction.