Ximly Cancellation and Refund Policy

§ 1. What this Policy is and when it binds you

1.1. This Cancellation and Refund Policy (hereinafter: the "Cancellation Policy" or the "Policy") sets out the rules for the Cancellation of Lessons booked via the Ximly Platform, for payment refunds and for Lesson Complaints. It is part of every Lesson agreement concluded with a Tutor via the Platform.

1.2. You accept the Policy separately for each Lesson — at booking or at the acceptance of an invitation. At the moment of acceptance we record the version number and the language version; that specific version binds the parties to that Lesson, even if we later publish a newer one.

1.3. If the Student is under 18, the party to the Lesson agreement and the person accepting this Policy is the Student's Parent/Guardian (rules — Document D1 § 4). The consent record then indicates the Parent/Guardian as the party, the child as the acting person, and the specific guardian authorization under which the child acts.

1.4. The numerical values (the refund thresholds, the deduction cap, the range of the direct-rail window) are located exclusively in the text of this Policy; the other documents of the set refer to it without copying the numbers. The Platform may not apply values other than those recorded in the current version: changing a value first requires the publication of a new version of the document, and a version inconsistent with the values actually applied may not be published.

1.5. The rules of this Policy differ depending on the settlement rail of the Lesson (definitions: Document D1 § 1.2):

• Card Payments via the Platform ("the card rail") — payment by card through the payment operator Stripe; refunds are executed by the Platform automatically according to § 3–§ 5;
• Direct Payments to the Tutor ("the direct rail") — you pay the Tutor outside the Platform (e.g. by bank transfer); the Platform registers the settlement but does not transfer the money; rules — § 6. You see which rail your Lesson is settled on before booking and in the Lesson details.

§ 2. Definitions

2.1. Capitalized terms have the meaning given to them in Document D1 § 1.2, and after the issuance of the common Glossary of the document set (Annex Z4) — in that Glossary. In this Policy the most important are:

• Policy — this Cancellation and Refund Policy;
• Lesson — a single class booked via the Platform, with a set start time;
• Cancellation — calling off a Lesson by the Student/Parent/Guardian or by the Tutor, whether before its start or after it (the effects of a Cancellation after the start — § 3.3);
• Statutory Withdrawal — withdrawal from a distance contract on the basis of Article 27 of the Polish Consumer Rights Act of 30 May 2014 (ustawa o prawach konsumenta, hereinafter: "u.p.k."), available where the Tutor is a trader; where the Tutor is not a trader — the equivalent contractual right granted by Ximly (§ 4.1); separate from Cancellation — § 4;
• Lesson Complaint (also: "Complaint") — the raising of objections to a performed Lesson under the procedure of § 10;
• Payment Group — the mechanism for the collective settlement of multiple Lessons in settlement cycles (definition: Document D1 § 1.2; rules: Document D1 § 8);
• Reserve — the mechanism of a hold on funds at the payment operator (Stripe): the money paid for a Lesson on the card rail remains held until the Lesson has ended and the payout hold window has elapsed (§ 10.3), or until the resolution of a Complaint filed within that window (details: Document D2-P).

§ 3. Cancellation by the Student — card rail: refund table

3.1. If you (or your Parent/Guardian) cancel a paid Lesson settled on the card rail, the refund depends on how much time remains until the Lesson's start time:

3.2. Deduction cap. Regardless of the thresholds in the table, before the start of the Lesson the Tutor never retains more than 50% of the price. This cap is built into the Platform permanently — the settings may only lower the deduction, never raise it.

3.3. Cancellation after the start of the Lesson. We treat a Cancellation after the start of the Lesson the same as your failure to attend the Lesson: the Tutor was present and ready to conduct it, so the price is not refundable.

3.4. Preview before the decision. Before you confirm a Cancellation, the Platform shows you the exact refund amount and the amount retained, calculated according to this Policy.

3.5. The retained part of the price constitutes the Tutor's lump-sum compensation for the reserved and lost time slot. The thresholds and the cap apply exclusively to Cancellation; they do not restrict Statutory Withdrawal (§ 4) or your rights arising from improper performance of the contract (§ 10, § 11).

§ 4. The thresholds versus the statutory right of withdrawal

4.1. If the Tutor is a trader (Document D5 § 2.1 variant A), as a consumer you have the statutory right to withdraw from a Lesson agreement concluded at a distance, within the statutory period counted from its conclusion (Article 27 u.p.k. — § 2.1). If the Tutor is not a trader (Document D5 § 2.1 variant B), the statutory right of withdrawal does not apply; Ximly then grants you a contractual right to resign from the Lesson on terms no worse than the statutory ones (Document D5 § 7.1), and the provisions of this section on Statutory Withdrawal apply to it accordingly. The length of the period, the rules and the withdrawal notice are contained in Document D10 — the Notice of the right of withdrawal (the numbers exclusively there), published at ximly.app; if the Platform delivers the Notice to you at booking, we record the delivered version in the consent record.

4.2. Statutory Withdrawal takes precedence over the thresholds of § 3. If you effectively withdraw from the contract before the Lesson is performed, you receive a 100% refund regardless of the time thresholds — including where less than 24 hours remain until the Lesson.

4.3. The right of withdrawal expires only when three conditions are met cumulatively (Article 38(1)(1) u.p.k.): (a) the Lesson has been fully performed; (b) before its start you expressly request the performance of the service before the expiry of the withdrawal period; (c) you acknowledge that upon the full performance of the Lesson you will lose the right of withdrawal. The declarations under points (b) and (c) may be collected exclusively as separate, express consents at booking, together with the delivery of the Notice (Document D10) in a labelled version; the Platform collects them only where it delivers the Notice at booking.

4.4. The main rule. If the Notice was not delivered to you at booking and the consents under section 4.3 were not collected — which is always the case for as long as the Platform does not deliver the Notice at booking — the right of withdrawal does not expire with the performance of the Lesson: it then runs for the extended period under Article 29 u.p.k. (the value — Document D10 § 8, the document that governs that number), and your report is considered by the Ximly support team individually. The expiry conditions of section 4.3 apply exclusively to Lessons at whose booking the Notice was delivered and the consents were collected.

4.5. The exercise of the right of withdrawal is not subject to the Cancellation limit of § 9 — the Platform does not count Statutory Withdrawal towards the daily limit.

§ 5. An unpaid Lesson and Payment Groups

5.1. The effect of cancelling a Lesson that has not yet been paid for depends on how it is settled:

(a) A Lesson settled individually (card rail, payment upfront, not yet paid). The Cancellation closes the payment without any amount due — no debt arises. The same applies to an effective Statutory Withdrawal from an unpaid Lesson.

(b) A Lesson in a Payment Group (payment after the settlement cycle). Upon a Cancellation less than 24 hours before the start, the retained part of the price according to § 3 remains payable in the cycle settlement (never more than 50% — the cap of § 3.2); upon an earlier Cancellation — nothing; upon a Cancellation after the start of the Lesson — the full price, under the rules of § 3.3. In the settlement you then see the original price of the Lesson and, separately, the reduction amount; the full history of changes to the amount is preserved, and the original price always remains visible.

5.2. For a Lesson cancelled before its start, a debt of 100% of the price never arises. The maximum charge for such a Lesson is the retention under § 3 (up to 50%). A Cancellation after the start of the Lesson is settled according to § 3.3.

5.3. The amounts shown to you in the Cancellation confirmation and in the notifications are calculated from the effective settlement basis: for funds already collected — from the amount actually collected, and for an amount not yet collected — from the current balance of the obligation after all adjustments. The original price of the Lesson remains separately visible in the settlement history.

5.4. The rules on when amounts become due, on payment deadlines and on the consequences of arrears in Payment Groups are set out in Document D1 § 8 and § 13 (this Policy does not repeat those rules).

§ 6. The direct rail (direct payments to the Tutor)

6.1. On the direct rail, the period within which a Cancellation is "timely" (without deductions) is set by the Tutor — within the limits permitted by the Platform: from 6 to 72 hours before the start of the Lesson. You see the window applicable to a given Tutor before booking, when choosing the payment method. If the Tutor has not set their own window, the Platform's default window applies: 48 hours.

6.2. A timely Cancellation (before the window closes): a paid Lesson is refunded in full directly by the Tutor; an unpaid one — the obligation is cancelled without a debt.

6.3. A late Cancellation (after the deadline): the settlement goes to the Tutor for a decision. The Tutor may exclusively: for a paid Lesson — refund the whole or retain the payment; for an unpaid one — cancel the obligation or maintain the obligation to pay. The decision is binary — in the current version of the Policy partial retentions are not possible. Two cases are not subject to the Tutor's decision: an effective Statutory Withdrawal (§ 4), which gives a 100% refund also on this rail, and the Cancellation of an unpaid Lesson after the revocation of the authorization by the Parent/Guardian — such an obligation is cancelled without a debt.

6.4. The deadline for the Tutor's decision and the effect of silence. The Tutor has 14 days to make a decision on a late Cancellation. If the Tutor does not decide within that period, the matter is resolved automatically in your favour: a paid Lesson goes to a refund, an unpaid obligation is cancelled without a debt. You see the deadline and the effect of silence in the payment details.

6.5. Execution of a refund on the direct rail. The refund is made by the Tutor directly to you; the Platform registers its status on the basis of the parties' declarations (the Tutor marks the refund as sent, you confirm receipt). A refund due must be made without delay, and no later than within 14 days.

6.6. On the direct rail the Platform does not transfer money and cannot make a refund on the Tutor's behalf. The Platform's role (registrar and scheduler) is described in Document D1 § 2 and § 8. The protection measures available on this rail differ from the card rail — see § 10.9.

§ 7. Group Lessons

7.1. Within the scope covered by this Policy, a participant of a group (multi-person) Lesson does not cancel their participation on their own. Individual Cancellation applies exclusively to 1:1 Lessons; a Cancellation request for a group Lesson is not accepted.

7.2. As a participant of a group Lesson you may, however: (a) ask the Tutor to call off your participation or the entire Lesson. Limitation: the Platform does not currently support the cancellation by the Tutor of a Lesson for which a payment obligation has been registered for more than one participant (§ 8.1); calling off such a Lesson and settling its participants' obligations requires a report to the Ximly support team, which handles it individually; (b) exercise Statutory Withdrawal (§ 4) — the right and the period are the same as for a 1:1 Lesson, and an effective Withdrawal ends the entire group Lesson; every payment obligation arising from the booking of that Lesson is settled separately, on its own settlement rail, with a refund of 100% of the price; (c) after the Lesson — file a Lesson Complaint (§ 10), subject to § 10.8.

7.3. Complaints concerning a group Lesson — see § 10.8 (in the current version of the Policy: one open Complaint per Lesson).

§ 8. Cancellation by the Tutor, the Tutor's absence, a Lesson that did not take place

8.1. Cancellation by the Tutor. If the Tutor cancels a Lesson — at any moment, including just before the start — a Lesson paid on the card rail is refunded at 100%, without time thresholds. On the direct rail the full refund is made by the Tutor (§ 6.5). The Platform does not currently support the cancellation by the Tutor of a Lesson for which a payment obligation has been registered for more than one participant — § 7.2(a).

8.2. The Tutor's absence / a Lesson that did not take place. The mere recorded presence or absence at a Lesson does not automatically move any money (the recording of attendance serves data quality, not settlement). If the Lesson did not take place or took place defectively for reasons on the Tutor's side, your remedy is a Lesson Complaint (§ 10), and independently of it — the statutory rights arising from non-performance or improper performance of the contract (§ 11.4).

8.3. We inform you of a Cancellation of a Lesson by the Tutor without delay, together with information about the refund.

§ 9. Anti-abuse limits

9.1. Daily Cancellation limit. You may cancel at most 10 Lessons within a single day (the day counted according to Coordinated Universal Time, UTC). Once the limit is reached, further Cancellations are rejected until the limit renews on the following day.

9.2. The limit of section 9.1 does not restrict: the exercise of Statutory Withdrawal (§ 4) or the effects of the revocation of the authorization by the Parent/Guardian (the Cancellation of a child's Lesson after the revocation of consent does not consume the limit).

9.3. Limit on date changes (reschedules). The number of requests to change the date of the same Lesson is limited; once the limit is exhausted, what remains is Cancellation (§ 3–§ 6) or an arrangement with the Tutor. The effects of the expiry or rejection of a request are settled according to the thresholds of § 3 counted from the moment the request was made, not from its resolution (a request made 30 h before the Lesson and rejected 5 h before it → a refund as for a Cancellation at 30 h, i.e. 100%).

9.4. The limits of this section serve exclusively to prevent abuse and do not restrict your statutory rights.

§ 10. The Lesson Complaint

10.1. What it covers. A Lesson Complaint concerns objections to a performed Lesson: quality, its failure to take place (including the Tutor's absence), technical problems or other irregularities. Complaints concerning the Platform itself — the procedure of Document D1 § 12.

10.2. Who may file. A Complaint is filed by the Student who is a participant of a Lesson for which a payment obligation covering their participation has been registered on the Platform, and in the case of a Student who at the moment of concluding the contract for the Lesson had not reached the age of 18 — also by the Student's Parent/Guardian who is the party to that contract and the payer of that obligation. Standing is assessed as at the moment the contract was concluded: the Student's subsequently reaching the age of majority and the revocation of the authorization do not deprive the Parent/Guardian of the right to file a Complaint concerning a Lesson for which they remain the payer of the registered obligation — including an obligation released from charge (Document D1 § 4.8 and § 4.9).

10.3. The payout hold window — the fast in-app path. After the end of a Lesson settled on the card rail, the payout hold window opens. In the current version of the Policy the window lasts 45 minutes from the end of the Lesson; you always see the current closing time of the window in the Lesson details. A Complaint filed within this window withholds the transfer of the funds for the Lesson to the Tutor (section 10.5). The window is not a deadline for filing a Complaint: its elapse means only that the funds for the Lesson may be transferred to the Tutor — you may file a Complaint also later (section 10.4). Filing a Complaint in the application remains available regardless of a pending acceptance of a new version of the documents — the acceptance requirement does not block this path, so it does not shorten the window.

10.4. A Complaint after the window has closed. After the payout hold window has elapsed, you file a Lesson Complaint with the Ximly support team (contact channels — Document D1 § 18). Such a Complaint no longer withholds the transfer of the funds to the Tutor; it is registered and resolved under the same rules (sections 10.6–10.7), and its upholding results in a refund whose costs the Platform recovers from the Tutor under the payment cost recovery mechanism (Document D2-P § 4). The elapse of the window also does not deprive you of the right to a complaint under the general rules (Document D1 § 12), of claims arising from improper performance of the contract, or of the right to a chargeback (§ 11.5).

10.5. The effect of the withholding. On the card rail, the filing of a Complaint within the payout hold window causes the funds for the Lesson to remain held in the Reserve (§ 2.1) until the resolution of the Complaint.

10.6. Resolution. A Complaint is resolved by the Ximly support team (a human decision). The possible resolutions are: (a) upheld — you receive a refund of 100% of the Lesson price to the original payment method; if the funds have already been transferred to the Tutor (a Complaint after the window — section 10.4), the Platform makes the refund and recovers its costs from the Tutor (Document D2-P § 4); (b) dismissed — the withheld funds are released to the Tutor. You see the resolution together with its outcome in the application and receive it on a durable medium. Against the resolution you may turn to the Ximly support team again via the channels of Document D1 § 18, presenting your position; this does not restrict the paths of section 10.12. The complaint path provides no partial resolutions. This does not restrict your statutory rights: you submit a request for a price reduction for an improperly performed Lesson to the support team, which handles it individually, outside the mechanism of this path.

10.7. The response deadline, the effect of silence and the final safeguard. Ximly responds to a Complaint within 14 calendar days of receiving it. The absence of a response within that period means the Complaint is deemed upheld (Article 7a u.p.k.), with the effect described in section 10.6(a). Independently of that deadline, a Complaint that remains unresolved for a long time never closes to your detriment through the mere passage of time: at the latest 30 days before the expiry of the maximum period for which funds are kept in the Reserve (the length of that period — Document D2-P § 5.1), the matter goes for a mandatory human decision, and if despite that no decision has been made — no automatic resolution is issued against you.

10.8. Group Lessons. In the current version of the Policy there may be one open Complaint per Lesson — an open Complaint of any participant blocks the filing of a Complaint by the others until its resolution. The content of another person's Complaint is not disclosed to you. An open Complaint of another participant does not suspend the running of the payout hold window — the window continues to run. If the window elapses before the other person's Complaint is resolved, you file your own Complaint with the support team under section 10.4 (it is registered and resolved under the same rules, without the funds-withholding effect); if the other person's Complaint is resolved before the window elapses, you may file your own Complaint in the application with the effect of section 10.5.

10.9. Availability depending on the settlement rail. The payout hold window of sections 10.3 and 10.5 operates exclusively for Lessons settled on the card rail (only there does the Platform hold the funds and can refund them). For Lessons on the direct rail the Platform does not transfer money, but you may file a Lesson Complaint all the same: Ximly registers and resolves it without any movement of money on the Platform's side — the resolution binds the parties as to the status of the amount due registered on the Platform (including the cancellation of the debt), and the execution of any refund rests with the Tutor (§ 6.5). On both rails a Complaint concerns a Lesson for which a payment obligation covering your participation has been registered on the Platform (section 10.2); such an obligation arises also for a free Lesson (Document D1 § 9.2) — it is registered from the outset as released from charge. For a free Lesson on the card rail there are no funds the window of section 10.3 could withhold, so the in-app path is not available for it — you report objections to how it went to the support team, and your statutory rights remain unaffected; on the direct rail you may file a Complaint about a free Lesson in the application all the same, and Ximly registers and resolves it without any movement of money. Independently of this you are entitled to: the path of § 6.3–6.4 (for a late Cancellation) and claims against the Tutor (§ 11.4).

10.10. Form and content of the report. A Complaint requires no particular form — a description of the objections is enough (in the application up to 2000 characters; to the support team without formal requirements), with no obligation to attach evidence; the support team will ask for any missing information in the Complaint thread before the resolution. You receive an automatic confirmation of receipt.

10.11. What the Tutor sees. The Tutor receives no access either to the content of your Complaint or to the reason you gave for filing it; the Tutor sees the fact of its filing, its status, the amount withheld and the outcome of the resolution. The Tutor may present their position in a separate thread with the Ximly support team or by e-mail to support. You conduct the Complaint thread with the Ximly support team; neither party reads the other's messages.

10.12. An in-app Complaint does not restrict your right to pursue claims in court, through amicable means (out-of-court resolution of consumer disputes — Document D1 § 17) or through a chargeback (§ 11.5).

§ 11. Execution of refunds

11.1. Card rail. We initiate refunds due under this Policy without delay after the event from which they arise, by a refund instruction at the payment operator (Stripe). The crediting of the funds to the card takes place within the card issuer's timeframes — usually within a few days; we do not promise an "immediate" refund (the time on the banks' side is beyond the Platform's control).

11.2. A payment in progress. If at the moment of the Cancellation your payment is still being settled, the refund is executed immediately after its settlement (settlement first, then the refund); until then you see the status "refund pending".

11.3. Direct rail — § 6.5.

11.4. Statutory rights. Refunds under this Policy neither exclude nor limit your statutory rights arising from the Tutor's non-performance or improper performance of the contract, nor Ximly's liability for its own services (Document D1 § 14).

11.5. Chargeback. Independently of this Policy you may use the chargeback procedure with the issuer of your card. Using the in-app Complaint is not a precondition of a chargeback and does not restrict it. Please note that in those proceedings the Platform may present to the payment operator the documentation of the transaction, including the record of the acceptance of this Policy (a description of the data recipients — Document D3, the Privacy Policy).

11.6. A payment that did not settle a Lesson. If your payment cannot settle a Lesson — because the Lesson has already been paid for by another charge, because the charge was made in a currency other than that of the obligation, or because the amount collected is lower than the amount due — we refund you the whole of that charge, without a request from you. Any amount collected in excess of the amount due is refunded to the extent of the excess. The Lesson then remains to be paid for on the applicable terms.

§ 12. How you consent to this Policy

12.1. At the booking of a Lesson and at the acceptance of a Lesson invitation you tick a separate consent to this Policy, with its version number visible and a link to the full text. Without this consent the booking/acceptance of the invitation does not come into effect (whenever any version of the Policy is in force).

12.2. We record an immutable proof of the consent (document version, language version, timestamp, IP address, browser), stored as evidence of the conclusion of the contract; details in Document D3.

12.3. For a Student under 18 the consent is given by the Parent/Guardian (cf. § 1.3); the child cannot independently accept financially binding documents.

12.4. The version and the language version accepted for a given Lesson remain authoritative for its settlement. The current version of this Policy is published at ximly.app; the version accepted for a given Lesson is indicated in the consent record, and earlier versions are made available by the support team on request.

§ 13. Changes to this Policy

13.1. Changes to this Policy (including every change of the values of § 3, § 6.1, § 9) take place exclusively through the publication of a new, labelled version of the document. The new version applies to Lessons booked after its entry into force; Lessons booked earlier are settled by the version accepted at booking (§ 12.4).

13.2. We give notice of a new version at least 7 days in advance of its entry into force, by e-mail and in the product. If a change is materially disadvantageous to you — in particular it raises the part of the price retained upon Cancellation or shortens the payout hold window — we apply a longer notice: 14 days. Towards Tutors for whom the new version of this Policy is a precondition for conducting card settlements, the notice period is at least 15 days (Document D2-P).