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Community and Moderation Rules and Content Reporting

§ 1. Status and scope of the document

1.1. This document (the "Community Rules", Document D6) sets out:

  • which content and conduct are not permitted on the Platform (§ 2),
  • how anyone — including a person without an account — may report unlawful content or content violating these rules (§ 3),
  • how we treat reviews of Tutors (§ 4),
  • how we make moderation decisions and how they can be appealed (§ 5),
  • how to contact Ximly in content matters (§ 6),
  • what we do in the event of serious threats, especially towards minors (§ 7).

1.2. The Community Rules bind all users of the Platform — Students, Parents/Guardians and Tutors — and are incorporated into the contracts by reference from Document D1 and Document D2. For third parties the document describes rights (reports), not obligations.

1.3. The document is published outside the acceptance gate and remains available without logging in — the reporting channel of § 3 must be reachable by everyone (Article 16 of the Digital Services Act — Regulation (EU) 2022/2065; hereinafter the "DSA"). The reporting channel remains available even if you have not accepted a new version of the Terms of Service or of the Privacy Policy — the acceptance obligation never suspends the ability to report content.

1.4. Capitalized terms — Platform, Learning Space, Lesson, Tutor, Student, Parent/Guardian, Warning, Privacy Policy — have the meaning given in Document D1 § 1.2.

1.5. Ximly's status. Ximly stores and makes available users' content, so it is subject to the DSA. We accept complaints and appeals concerning content and moderation decisions via the support channel indicated in § 6; everything this document promises binds us in full.

1.6. Changes to the Community Rules. We give notice of every change to these Rules — including a change to the limits and file-type lists of § 2.5 — at least 7 days before it takes effect, publishing the new version together with its effective date; for changes materially disadvantageous to users the notice is 14 days (Document D1 § 15.2). A new version does not operate retroactively: reports filed and decisions made before its effective date are assessed according to the version in force at the moment of the report.

§ 2. Acceptable use rules

2.1. Prohibition of unlawful content. The supply of content of an unlawful nature via the Platform is prohibited (Article 8(3)(2)(b) of the Polish Act on Providing Services by Electronic Means (ustawa o świadczeniu usług drogą elektroniczną, "UŚUDE")). Prohibited in particular is content: (a) depicting the sexual exploitation of minors or sexualizing minors in any way; (b) inciting hatred or violence, or discriminating on the basis of any legally protected characteristic; (c) threats, harassment, bullying, intimidation; (d) infringing another's copyright, rights to their likeness, or secrets; (e) fraudulent, including impersonation and obtaining data by deception through fake pages or messages (phishing); (f) malicious software and content serving the circumvention of security measures; (g) content violating privacy (publishing another person's personal data without a basis).

2.2. Specific prohibitions connected with the nature of the Platform. Prohibited in addition is: (a) using the Platform for contacts with minors for purposes other than educational, including grooming — that is, building a relationship with a child in order to exploit them; reports in this category are treated as a priority and passed to the person responsible for the protection of minors in accordance with Document D8 § 7; (b) circumventing the age and Guardian authorization mechanisms (providing a false date of birth, impersonating a Guardian); (c) spam and unsolicited commercial communication; (d) manipulating reviews (§ 4), including posting reviews in exchange for benefits; (e) attempts to extract another user's login data or one-time codes. The prohibition of point (b) concerns intentional conduct; we do not treat a mistake in the date of birth provided as a violation of the Rules.

2.3. Recording by participants. The Platform does not record Lessons (Document D1 § 6.6). You may not record Lessons, conversations or other interactions — the sole exception is the prior, documented consent of all participants, and for a minor Student also of the Student's Guardian. A recording made with consent may not be published or shared beyond the Lesson; every consent may be revoked with prospective effect. A breach of the prohibition is a material breach of the contract. We state honestly: Ximly is technically unable to detect or prevent recording on your side — this is your obligation, not a protective feature of the Platform.

2.4. Third-party materials during Lessons. The person who supplies materials used during a Lesson (textbooks, exercises, graphics, recordings) is responsible for their legality. A note for Tutors: the educational permitted-use exception (Article 27 of the Polish Copyright Act (prawo autorskie)) covers educational and research institutions — commercial tutoring is not covered by it; for third-party materials you need a licence, or material from the public domain / under a free licence (details — Document D2).

2.5. File limits. The Platform automatically enforces the following file upload limits:

  • private and group chats: up to 5 files per message, each up to 20 MB, in total up to 75 MB per message; permitted types: images (jpg, jpeg, png, gif, bmp, tiff, webp), documents (pdf, doc, docx, xls, xlsx, ppt, pptx, txt, csv, rtf, odt, ods, odp, odg, odc), archives (zip, rar, 7z, tar, gz) and audio/video (mp3, mp4, mov, avi, mkv, flv, ogg, webm);
  • the lesson chat (virtual classroom): up to 10 files per message, each up to 20 MB, in total up to 75 MB per message; the list of permitted types is narrower here: images (jpg, jpeg, png, gif), documents (pdf, doc, docx, txt), archives (zip, rar) and audio/video (mp3, wav, mp4, mov, avi);
  • files capable of executing active content in the browser (among others svg, html, xml) are not permitted on either surface for security reasons.

The Platform communicates the applicable limits at file upload. A change of the limits or of the type lists takes place through a new version of this document.

2.6. Your obligations. You undertake to: provide true data (including a truthful age declaration — your date of birth or the declaration of being at least 18), protect access to your e-mail account and your Platform account, not share your account with others, use other users' content exclusively within the Learning Space and for educational purposes, and report serious violations you learn of (§ 3, § 7).

§ 3. Reporting content

3.1. Who may report. Content available on the Platform may be reported by anyone — a user as well as a person or entity without an account (Article 16 DSA; the "notice-and-action" procedure). Reporting is free of charge.

3.2. How to report. We accept reports: (a) via the electronic reporting form available without logging in at the address indicated in § 6.2; (b) from within a specific message in a chat on the Platform (the message menu — for logged-in users); (c) by e-mail to the contact point address of § 6. Reports filed by a minor Student — their content, list, confirmations and correspondence with us about them — are not visible to the Student's Parent/Guardian, including within the Parent/Guardian's access to the child's conversations (Document D8 § 8.5).

3.3. Content of the report. For a report to be considered, it should contain (Article 16(2) DSA): (a) a sufficiently substantiated explanation of why you consider the content unlawful or contrary to these Rules; (b) an unambiguous indication of the content (the exact URL or — for content available after logging in — an identification of the conversation/message/profile enabling it to be found); (c) your first name and surname or, in the case of an entity, its name, and an e-mail address (with the exception of reports concerning crimes against minors or sexual violence, which you may file anonymously); (d) a statement that you are acting in good faith and that the information in the report is accurate and complete.

3.4. Confirmation of receipt. If you provide an e-mail address, we send a confirmation of receipt of the report without delay (Article 16(4) DSA).

3.5. Consideration. We consider reports in a timely, diligent, non-arbitrary and objective manner; the decisions are made by a human (§ 5.1). A report filed from within a message (§ 3.2(b)) concerns that specific message and may result in its removal. A report filed via the form or by e-mail (§ 3.2(a) and (c)) is considered on the basis of the indication of the content under § 3.3(b); if the indication does not allow the content to be found unambiguously, we may ask you to specify its location more precisely, and action against the content is taken once it has been identified. The removal mechanism available to Platform support in the application operates at the level of a single chat message; the removal of other kinds of content is carried out manually. The operator handling a report of a message sees only that reported message — its content, sender, time and attachment metadata — not the whole conversation (Document D3 § 15.1). We notify a reporter who provided an e-mail address of the decision and of its reasons without undue delay (Article 16(5)–(6) DSA). We pass on reports giving grounds to suspect a criminal offence against the life, health or safety of a person — in particular a minor — in accordance with § 7.

3.6. What removal technically means. The upholding of a report means the permanent deletion of the content together with its attachments; independently of that, Platform support may apply measures against the violator's account (§ 5.2). Copies of the content may temporarily persist in the system's backups until they are overwritten in the normal backup cycle; we do not restore from backups content removed as a result of a report.

3.7. Prohibition of abusing reports. Knowingly untrue reports violate these Rules; upon repeated, manifestly unfounded reports we may — after a prior warning — suspend the consideration of further ones for a reasonable time (Article 23(2) DSA). Beyond that case we do not limit the number of reports. However, only one of your active (unconsidered) reports may concern the same content at any given time — reporting the same content again before the previous report has been considered is rejected with the information that the content has already been reported. Send new circumstances concerning content you have already reported via the support channel of § 6, indicating which content they concern.

3.8. The reporter's data. We process the data from a report exclusively for the purpose of its consideration, defence against claims and the performance of legal obligations (rules: Document D3). The author of the reported content will not learn your identity — exceptionally only where the law so requires or where without it the matter cannot be considered, after you have been forewarned. For reports concerning the safety of minors we never disclose the identity to anyone other than public authorities.

3.9. The effect of a proper report. A complete report (§ 3.3) gives Ximly "actual knowledge" of the content (Article 6 DSA, Article 14 UŚUDE) — from that moment we are responsible for taking action without delay.

§ 4. Reviews of Tutors: reports, removal, the right of reply

4.1. The rules for posting reviews (who may, how many, how we designate the author) are set out in Document D1 § 11 (for Tutors — Document D2). Reviews are published without prior moderation; we state this explicitly and do not claim that reviews are verified by us as to their content — the only thing verified is the fact of having had a Lesson with the reviewed Tutor.

4.2. Reporting reviews. A review violating the law or these Rules (e.g. defamatory, not relating to a Lesson, posted in exchange for a benefit) may be reported via the channels of § 3. We consider a report of a review like any content report (§ 3.5), except that before removing a review we hear — where possible — its author.

4.3. The right of reply. The feature allowing the Tutor to publish one substantive reply under a review is not yet available in the application; we may make it available — the reply will then be subject to the same Rules as the review. Until then, the Tutor may convey their position on a review through the channel in § 6, and may report a review violating the law or these Rules (§ 4.2).

§ 5. Moderation decisions: rules, reasons and appeals

5.1. A human decides; no proactive moderation. Ximly conducts no proactive, automatic scanning or filtering of content (no automatic moderation systems, AI classifiers or word filters). We act on the basis of reports (§ 3) and of knowledge obtained in the course of handling matters; every moderation decision is made by a human, and we record internally who made it.

5.2. Catalogue of measures. In response to a violation we may — proportionately to the gravity and repetitiveness of the violation — remove the content (§ 3.6) and apply measures against the violator's account; measures against the account are applied by Platform support — from an admonition up to the termination of the contract with the user under the procedure provided in D1/D2. The financial-settlement measures (Warnings, booking blocks — definition: Document D1 § 1.2) have their own, closed regime in Document D1 § 13 and in Document D2.

5.3. Reasons and appeal. We notify you of the removal of your content with reasons (Article 17 DSA) — by a notification and by e-mail, such that the notice can be kept; we inform you of measures against your account, indicating the basis in these Rules. If you disagree with the decision, you may present your position and file an appeal via the support channel of § 6; we inform you of the outcome, and you may contact us again about the outcome. Using the appeal does not limit recourse to the courts or to out-of-court dispute resolution (Document D1 § 16–17).

5.4. Minors. For measures concerning the account of a minor Student (aged 13–17) we also notify the Guardian. Reports and decisions concerning the safety of minors are additionally subject to Document D8.

§ 6. Points of contact (DSA Articles 11 and 12)

6.1. The point of contact for the authorities of the Member States, the Commission and the European Board for Digital Services (Article 11 DSA): e-mail: support@ximly.app. Communication: Polish and English.

6.2. The point of contact for recipients of the service (Article 12 DSA): the same e-mail address and the reporting form available without logging in at the address https://app.ximly.app/report-content (§ 3.2(a)). Communication is possible in Polish and English; contact requires no account and no logging in.

6.3. We also publish the current addresses of the points of contact in the site footer and in Document D1 § 18.

§ 7. Serious threats and the protection of minors

7.1. If we obtain information giving grounds to suspect that a criminal offence threatening the life or safety of a person — in particular a minor — has been committed, is being committed or may be committed, we act in accordance with the intervention procedure of Document D8 § 7: the intervention is conducted by the person responsible for the Standards for the Protection of Minors (Document D8 § 1.4), who secures the evidence and notifies the competent authorities in the cases and on the grounds indicated in Document D8 § 7.2–7.3 (Article 18 DSA).

7.2. We treat reports concerning the safety of minors (grooming — § 2.2(a), sexualization, violence) as a priority and pass them to the person responsible for the protection of minors in accordance with the Standards for the Protection of Minors (Document D8). You may file such a report anonymously (§ 3.3).