General Terms and Conditions (GTC)

Last updated November 3rd, 2026. Applies to contracts concluded or renewed on or after this date (Section 10.4).

General Terms and Conditions for the sale of software licences by SHK Engineering and Consulting GmbH & Co. KG, Dorfstrasse 16, 83670 Bad Heilbrunn, Germany, email: support@3skeng.com (hereinafter referred to as the "Provider") to its customers (hereinafter referred to as the "Customer").

1. General Provisions

1.1 These General Terms and Conditions (GTC) apply to contracts concluded between the Customer and the Provider under inclusion of these GTC.

1.2 "Consumer" means any natural person who concludes a contract for purposes that are predominantly outside their trade, business or profession. "Business Customer" means any natural or legal person or partnership with legal capacity that, when concluding a contract, acts in the exercise of its trade, business or profession. Provisions that apply only to Consumers or only to Business Customers are marked as such.

1.3 The License Agreement (Section 2.1) governs the scope of use of the Software. These GTC govern the conclusion and performance of the purchase contract. In the event of conflict, the License Agreement prevails with regard to the scope of use, and these GTC prevail in all other respects.

1.4 The Provider does not recognise any terms and conditions deviating from these GTC used by the Customer unless explicitly agreed upon.

1.5 Consumers have a statutory right of withdrawal. Details are set out in the Right of Withdrawal.

2. Subject Matter of the Contract and Scope of Services

2.1 The Provider grants the Customer time-limited licences to use software extensions for Trimble SketchUp (the "Software"). The scope of use is governed by the License Agreement, which forms part of the contract.

2.2 The licence term, scope, system requirements and price are set out in the product description at the time of the order.

2.3 The presentation of products in the online shop does not constitute a binding offer. By completing the ordering process, the Customer submits a binding offer to conclude a contract. The contract is concluded when the Provider accepts the offer by order confirmation or by providing the licence.

2.4 The Provider supplies the Software with due care in accordance with the current state of the art.

2.5 The Provider stores the text of the contract. The order data, the GTC and the License Agreement are sent to the Customer by e-mail after conclusion of the contract; registered Customers can also view their orders in their customer account. Before the order is submitted, all entries are displayed in an overview; the Customer can identify input errors there and correct them using the editing functions in the ordering process or the back function of the browser.

3. Territory and Eligible Customers

3.1 The Provider does not supply to all countries. Whether, and to which group of customers, the Provider supplies in a given country is determined by the country selection offered in the ordering process.

3.2 In certain countries, orders may be placed exclusively by Business Customers. These countries are identified in the ordering process. Orders from these countries require the Customer to confirm that it is acting as a Business Customer and to provide a valid tax or VAT identification number.

3.3 The Provider may refuse an order if the information on the Customer's country or business status is inconsistent or cannot be verified, in particular if the billing address, the country of the payment method and the country of the access point used for the order differ.

4. Obligations of the Customer

4.1 The Customer is responsible for providing all information, data and other materials required for the conclusion and performance of the contract fully and correctly. The Provider shall not be held responsible for any delays in service provision caused by the Customer's late or incomplete cooperation. Section 6 remains unaffected.

4.2 The Customer warrants that the billing address provided in the ordering process corresponds to its actual place of residence or registered office.

4.3 If the Customer orders as a Business Customer, it warrants that it acquires the licence for its business and that the tax or VAT identification number provided is assigned to it and valid.

4.4 The Customer shall notify the Provider of any change to this information, in particular a change of residence or registered office, before its next order or licence renewal.

4.5 If the Customer provides incorrect information on its country or business status, the Provider may withdraw from the contract or terminate it for good cause and block access to the Software. Section 6.6 remains unaffected.

5. Prices, Payment and Taxes

5.1 The prices stated in the ordering process at the time of the order apply. For Consumers, prices include value added tax where the Provider is required to charge it.

5.2 Payment is due upon placing the order and is made using one of the payment methods offered in the ordering process. The licence is activated after receipt of payment.

5.3 The Provider provides the invoice electronically (e.g., as a PDF).

5.4 For supplies to Business Customers outside Germany, prices are net prices. Where, under the law of the Customer's country, the Customer owes the value added tax or a comparable tax (reverse charge or a comparable procedure), the Customer shall account for and pay this tax itself.

5.5 If a Business Customer is required under the law of its country to withhold taxes from payments to the Provider (withholding tax), the amount payable shall be increased so that, after deduction of the withheld tax, the Provider receives the full invoiced amount.

5.6 On request, the Business Customer shall provide the Provider with a certificate of the taxes withheld and paid. On request, the Provider shall provide a certificate of tax residence where this allows a reduction of withholding tax under a double taxation agreement.

6. Warranty, Liability, Indemnification and Contractual Penalty

6.1 The statutory provisions on defects apply, subject to the following provisions.

6.2 For Consumers, the Provider ensures that the Software conforms to the contract throughout the licence term and provides the updates, including security updates, that are necessary to maintain conformity (Sections 327e et seq. of the German Civil Code (BGB)).

6.3 For Business Customers, claims for defects become time-barred one year after the start of the licence term. This does not apply to claims for damages, which are governed by Section 6.4.

6.4 The Provider is fully liable under any legal basis for damages caused by intent or gross negligence, as well as for damages resulting from injury to life, body, or health due to intentional or negligent acts, or due to guarantees or mandatory statutory liability, in particular under the Product Liability Act. In cases of negligence that result in the violation of essential contractual obligations, the Provider's liability is limited to foreseeable damages typical for the contract unless full liability applies as per the above. Essential contractual obligations are those fundamental duties that enable the proper execution of the contract. All other liability is excluded. These liability provisions also apply to the Provider's agents and legal representatives.

6.5 The Customer indemnifies the Provider from any claims brought by third parties arising from the Customer's violations of these contractual terms or applicable laws.

6.6 If the Provider incurs taxes, interest or penalties because a Business Customer has provided incorrect information on its country or business status, the Business Customer shall reimburse the Provider for these amounts.

6.7 For Business Customers: If the Business Customer culpably breaches Sections 3.2, 3.3 or 3.5 to 3.8 of the License Agreement, it shall pay a contractual penalty for each breach, the amount of which the Provider determines at its reasonable discretion and which may be reviewed by the competent court in the event of a dispute. The contractual penalty shall be credited against any claim for damages; further claims remain unaffected. Where there are specific indications of such a breach, the Business Customer shall, on request, provide the Provider with information on the AI Systems (Section 3.3 of the License Agreement) and third-party services used in connection with the Software.

7. Licence Term and Termination

7.1 The licence term is set out in the product description at the time of the order. Licences do not renew automatically and end at the end of their term without the need for termination. A renewal requires a new order, to which the GTC applicable at that time apply.

7.2 The right of both parties to terminate the contract without notice for good cause remains unaffected. Good cause for the Provider exists in particular if the Customer has provided incorrect information on its country or business status (Section 4), breaches Section 9 (Export Control and Sanctions) or breaches the obligations under Section 3 of the License Agreement. In these cases, the Provider may also block access to the Software.

7.3 Upon expiry or termination of the contract, the Customer's right to use the Software ends. Data processed in connection with the contract will be deleted as soon as they are no longer required for the purposes of their processing, in particular for licence renewals, the prevention of misuse or the assertion, exercise or defence of legal claims, and provided that no statutory retention periods apply. Details, in particular on storage periods, are set out in the Privacy Policy.

8. Confidentiality and Data Protection

8.1 The Provider will treat all information disclosed in connection with the contract as strictly confidential. This confidentiality obligation extends to all employees or third parties with access to the information and applies indefinitely beyond the term of the contract.

8.2 The Provider agrees to comply with all applicable data protection laws, including the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

8.3 To determine the Customer's place of residence or establishment and business status as required by tax law, and to prevent misuse, the Provider processes and stores the billing address, the country of the IP address used for the order, the issuing country of the payment card and the tax or VAT identification number. These data are retained for the statutory retention periods. Further details are set out in the Privacy Policy.

9. Export Control and Sanctions

9.1 The Customer warrants that neither it nor its owners are listed on any sanctions list of the European Union, the United Nations or the United States.

9.2 The Customer shall not pass on, use or allow the use of the Software in countries subject to embargoes or sanctions where this would violate applicable export control or sanctions law.

9.3 In the event of a breach of this Section 9, the Provider is entitled to terminate the contract with immediate effect and to block access to the Software.

10. Final Provisions

10.1 The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). For Consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country of their habitual residence.

10.2 If any provision of these GTC is invalid, the remaining provisions remain unaffected.

10.3 If the Customer is a merchant, a legal entity under public law, or a special fund under public law, or has no general place of jurisdiction in Germany, the Regional Court Munich II (Landgericht München II), Germany, shall have jurisdiction for all disputes arising from or in connection with the contract.

10.4 The Provider may amend these GTC for legitimate reasons (e.g., changes in legislation or market conditions). Amended GTC apply to contracts concluded or renewed after the amendment takes effect. Amendments to existing contracts require the Customer's consent; consent is given in particular by accepting the amended GTC when renewing a licence.

10.5 These GTC are available in German, English and Chinese. In the event of discrepancies between the language versions, the German version prevails.

11. Consumer Dispute Resolution

The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board under the German Consumer Dispute Resolution Act (VSBG). Our contact email is listed at the top of these GTC.