Terms of Service

Last updated: March 27, 2026

Please read these Terms of Service ("Terms") carefully before using the website www.polluxdev.com (the "Website") operated by Schmezko & Gottselich GbR, trading as "Polluxdev" ("we", "us", or "our"). By accessing or using our Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website.

1. About Us

Schmezko & Gottselich GbR
Im Gesenk 22, 31275 Lehrte, Germany
Email: hello@polluxdev.com

We are a software development company specializing in Shopify app development, theme development, automation solutions, and related e-commerce services.

2. Scope of These Terms

These Terms govern your use of the Website only, including all content, information, and functionality available on or through the Website. These Terms do not govern:

  • The use of any Shopify applications developed by us — those are subject to their own separate terms of service and are distributed and billed through the Shopify App Store.
  • Any custom development services — those will be governed by individual service agreements entered into separately.

3. Use of the Website

You may use our Website for lawful purposes only. By using the Website, you agree not to:

  • Use the Website in any way that violates any applicable local, state, national, or international law or regulation.
  • Attempt to gain unauthorized access to any part of the Website, its servers, or any systems or networks connected to the Website.
  • Use any automated system, including but not limited to bots, scrapers, or spiders, to access the Website for any purpose without our express written permission.
  • Introduce any viruses, trojan horses, worms, or other material that is malicious or technologically harmful.
  • Interfere with or disrupt the integrity or performance of the Website.

4. Intellectual Property

All content on this Website — including but not limited to text, graphics, logos, icons, images, software, and the overall design and arrangement thereof — is the property of Schmezko & Gottselich GbR or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our Website without our prior written consent, except as follows:

  • Your browser may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

5. Third-Party Links

Our Website may contain links to third-party websites or services, including but not limited to the Shopify App Store. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

6. Disclaimer of Warranties

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  • WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE WEBSITE.

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Nothing in this section is intended to limit any rights you may have that cannot be lawfully limited. If you are located in the European Union, your statutory consumer rights remain unaffected by these Terms.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCHMEZKO & GOTTSELICH GBR, ITS PARTNERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

  • LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
  • DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE.
  • DAMAGES RESULTING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE.
  • DAMAGES RESULTING FROM UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE EXCEED ONE HUNDRED U.S. DOLLARS (USD $100.00).

THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law. If you are a consumer in the European Union, the above limitations do not apply to liability for damages caused by intent or gross negligence, or to liability under applicable mandatory consumer protection laws.

8. Indemnification

You agree to defend, indemnify, and hold harmless Schmezko & Gottselich GbR, its partners, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Website.
  • Your violation of any provision of these Terms.
  • Your violation of any third-party right, including any intellectual property or privacy right.

This indemnification obligation does not apply to consumers in the European Union to the extent prohibited by applicable mandatory consumer protection laws.

9. Governing Law and Dispute Resolution

9.1 For Users Located in the United States

Governing Law: These Terms and any dispute arising out of or relating to them or the Website shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict-of-law provisions.

Binding Arbitration: You and Schmezko & Gottselich GbR agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Website (collectively, "Disputes") shall be resolved exclusively through final and binding individual arbitration rather than in court, except that either party may bring individual claims in small claims court if they qualify.

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: YOU AND SCHMEZKO & GOTTSELICH GBR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

30-Day Opt-Out Right: You may opt out of the arbitration and class action waiver provisions above by sending written notice to hello@polluxdev.com within 30 days of first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of the arbitration clause. If you opt out, all Disputes will be resolved in the state or federal courts located in the State of Delaware.

9.2 For Users Located Outside the United States

Governing Law: These Terms and any dispute arising out of or relating to them shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Jurisdiction: Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Hanover (Hannover), Germany. If you are a consumer within the European Union, you may also bring proceedings in the courts of your place of domicile as permitted by mandatory applicable law.

EU Online Dispute Resolution: The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

10. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

11. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Schmezko & Gottselich GbR with respect to the use of the Website. These Terms supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us with respect to the Website.

12. Changes to These Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting the revised Terms on this page with an updated "Last updated" date. Your continued use of the Website after the posting of revised Terms constitutes your acceptance of the changes. We encourage you to review these Terms periodically.

13. Contact Us

If you have any questions about these Terms of Service, please contact us at:

Schmezko & Gottselich GbR
Im Gesenk 22, 31275 Lehrte, Germany
Email: hello@polluxdev.com