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Ximly Standards for the Protection of Minors

§ 1. Basis, purpose and scope of the Standards

1.1. Ximly sp. z o.o. with its registered office in Kraków (KRS 0001152079, NIP 6793320888) operates an online tutoring platform used by minors from the age of 13. These Standards set out the rules that protect minors from harm while using the Platform — in particular during online Lessons and communication with adults.

1.2. The Standards are rules of the Platform adopted voluntarily, introduced for the safety of children using Ximly. Ximly makes the Platform available as an intermediary between Tutors and Students and does not organize classes involving minors; the obligations under the provisions on the protection of minors from harm that rest on persons conducting such activity lie with the Tutor (§ 5). In formulating the Standards we took into account the GDPR (in particular Articles 8, 12 and 25) and Regulation (EU) 2022/2065 (the DSA).

1.3. The Standards bind: Ximly personnel (including support operators), Tutors conducting classes with minors (a contractual obligation — Document D2 § 12) and — as regards the rules for using the Platform — all users.

1.4. The contact person for children's safety (also referred to in the Standards as "the person responsible for the Standards") — responsible for their implementation, review, the receipt of reports and the supervision of the intervention procedures — is a person designated by Ximly sp. z o.o. This is a function established by Ximly voluntarily, as part of the organization of the Platform; we indicate that person's first name, surname and function in the published version of these Standards, in the informational part below the text. Contact details for that person: support@ximly.app.

1.5. The Standards are subject to an evaluation at least once every 2 years (§ 11). The abridged version, understandable to children, constitutes § 12 and is published together with the full text.

§ 2. Who is a minor on Ximly and how the Platform knows it

2.1. Student accounts may be created by persons who are at least 13 years old. Younger persons may not use the Platform.

2.2. The Platform recognizes the age bands — under 13 / 13–15 / 16–17 / adult — on the basis of a declaration of being at least 18 years old (an adult; no date of birth is provided then — this applies to a Tutor as well, § 5.1) or a date of birth (a Student aged 13–17: provided by the Student at registration or by the Parent/Guardian when creating the child's account — § 3.2). The date of birth is entered once only (the Student cannot later change it on their own). The date should be entered carefully: a mistake cannot be corrected either independently or by the support team — the only path is creating the account anew; the exception is the 24-hour window from the creation of the child's account by the Parent/Guardian, in which the Parent/Guardian may correct the date they entered, as long as the child has not logged in. An account with neither a declaration nor a date of birth is treated as the account of a person of unknown, potentially low age — in case of doubt the Platform blocks access to features instead of allowing it.

2.3. If the Platform detects that a user is under 13, access to the account is blocked immediately, and the personal data is deleted or irreversibly anonymized promptly after the block. We note the event in the breach register (register of violations) in a form containing no personal data of the child.

2.4. Age is the user's own declaration — or the declaration of the Parent/Guardian creating the child's account — and the Platform does not verify it against an identity document. A false declaration of age constitutes a material breach of the Terms of Service; the consequences of providing a date indicating an age under 13, and the consequences of a false declaration of adulthood, are set out in Document D1 § 4.1–4.2.

§ 3. The Parent/Guardian at the centre of the model — the product foundation of the Standards

3.1. A minor's account does not operate without the Parent's/Guardian's consent. A Student aged 13–17 cannot complete account creation until their Parent/Guardian creates their own account and approves the child's account — or the child's account is created by the Parent/Guardian from their own account (§ 3.2), in which case it is active immediately, because the consent is given at its creation. Until then the child cannot join Learning Spaces (definition: Document D1 § 1.2), chat, or book Lessons, and a Tutor cannot establish contact with the child within the Platform. The child's account remains findable by a Tutor who knows the child's exact e-mail address — exclusively to the extent of the first name, the initial of the surname and the profile photo, and of the ability to send an invitation to a Learning Space, which the child cannot accept without the Parent's/Guardian's consent.

3.2. There are two doors to the Guardian's account. The first: the invitation sent to the Guardian's e-mail address indicated by the child. The link expires after 72 hours, is secured cryptographically (only a hash of the token in the database), re-sending is subject to rate limits; the Guardian's login is passwordless (a one-time code by e-mail). After that period an unused invitation and an unfinished authorization become eligible for deletion and are deleted by the next daily cleanup process (Document D3 § 4.4 and § 9.1). The second: the Parent/Guardian registers their own account (a declaration of being at least 18, the parent role) and creates the child's account from their own panel in the web application, providing the child's first and last name, date of birth and the child's e-mail address; there is no invitation and no 72-hour period, and the password is set exclusively by the child from a link sent to their address (Document D1 § 4.5b).

3.3. The scope of the Guardian's consent is explicit and graduated by age. By approving the child's account — and also when creating it (§ 3.2) — the Guardian gives consent in enumerated scopes: access to the account, the conclusion of Lesson agreements, payment obligations — and for a child under 16 additionally the consent to data processing (Article 8 GDPR). The consent to the processing of the data of a child under 16 is given by a separate tick, distinct from the contractual-and-payment consent — the Platform does not merge them into one gesture.

3.4. Every consent and its revocation are permanently recorded in an immutable, append-only register (an attempt to change or delete an entry is rejected by the database). The register indicates who gave consent, when, in what scope and in respect of which versions of the documents; the Guardian has access to the full register of their consents. The register also records the Guardian's confirmation, made when giving consent on the invitation path, that they make the decision to choose a Tutor themselves, knowing that Ximly does not verify Tutors by default and that the "Verified" mark — if the profile carries it — confirms only that profile data matched the documents presented by the Tutor (§ 5.2; Document D1 § 5.3) — with the version of the declaration's wording. On the invitation path the Guardian's declaration that they are the child's parent or legal guardian is an element of the acceptance of the Terms of Service under the Guardian's account (Document D1 § 4.6) and has no separate entry in the register. On the second path of § 3.2 the register also records the creation of the child's account by the Guardian, a correction of the date of birth within the window of § 2.2, and the Guardian's declaration made in that action that they are the child's parent or legal guardian — with the version of the declaration's wording.

3.5. The Parent/Guardian is the party to the contract and the payer of every obligation of the child. For the Lessons of a Student under 18, the Parent/Guardian pays and is liable; the child cannot independently perform any payment action (the Platform rejects such attempts in both the 13–15 and 16–17 bands), incurs no debts and cannot independently accept financially binding documents.

3.6. The Guardian sees the activity they authorized. The Parent/Guardian panel covers: the list of children, the creation of a child's account ("Add a child") and the correction of the child's date of birth within the window of § 2.2, the child's Lessons, payments and arrears, the consent register, the buttons for approving and revoking consent, and Complaints concerning the child's Lessons in which the Guardian has standing as the party to the contract and the payer (§ 3.5; Document D4 § 10.2) — in such a Complaint the Guardian sees its description and the messages exchanged with the support team in that proceeding, including those written by the child, because it is the Guardian who conducts it (Document D1 § 12.5) and could not do so without those contents. The panel also covers read-only access to the child's conversations with Tutors conducted on the Platform (the private child–Tutor chat and the lesson chat of a Lesson in which the child is the only Student; the lesson chat of a group Lesson remains outside the access, because it contains messages of other Students), exclusively messages sent from the access boundary moment — the latest of three: the date of entry into force of the version of the Terms of Service (Document D1 § 4.7) and the date of entry into force of the version of the Privacy Policy (Document D3) that introduced this access, and the moment the child was first shown the notice about the access on the Platform; earlier messages — including messages sent after those versions took effect but before the child saw the notice — are not, and will not become, visible in the panel. The access is activated only after the child has seen the notice about it on the Platform — at the first login after this rule enters into force, in an age-appropriate version — and confirmed that it was displayed; until then the Parent/Guardian sees no conversation at all (evidence of presentation — Document D3 § 3.8). The access is transparent: in every such conversation the child sees a permanent notice that the Parent/Guardian may read it, together with the date the Parent/Guardian last opened the conversation (what is recorded is the start of a reading session: further openings of the same conversation by the same Parent/Guardian within 15 minutes belong to the same session and do not create a separate entry); the Tutor sees the same notice (Document D2 § 11.1a). The access does not extend to conversations with other Students, to reports filed by the child (§ 8.5) or to the Tutor's notes (§ 9.4), and it ends when Guardian Authorization is revoked or the child turns 18. The Parent/Guardian cannot write, delete or change messages in the conversation or report them from within the child's conversation — they report concerning content through their own channel (Document D6 § 3.2 (a) and (c)). When opening the access for the first time, the Parent/Guardian sees a notice about its protective purpose and limits: the access serves the child's safety, the content of conversations must not be shared with third parties, the Tutor knows about the access, and concerning content should be reported to Ximly — and confirms that it was displayed (evidence of presentation — Document D3 § 3.8). The boundary between the access and the child's account remains technical: the child's account has its own e-mail address, the password is set exclusively by the child — the Parent/Guardian does not hold the child's login credentials, even where they created the child's account themselves.

3.7. Revocation of consent operates immediately and is as simple as giving it — a single confirmation, with a preview of the effects. The effects: unpaid Lessons cancelled without any debt; paid ones enter the standard refund process, with refunds made to the Parent/Guardian as the payer; the child's sessions are logged out, and the Tutor receives a notification.

3.8. Consent expires with the age of majority. On the day the Student turns 18, the Guardian's authorization ends automatically (noted in the register as ended by reason of reaching the age of majority), and the Student takes over the account independently. This also applies to an account created by the Guardian. At that moment the Student's sessions are invalidated, and the Student accepts the Terms of Service under their own account (the Privacy Policy is presented to them).

3.9. The limits of the model — we state them openly. Guardian verification is a check of control over the indicated e-mail mailbox and a one-time login code; the Platform does not verify the identity, the legal age or the family relationship of the person using that mailbox (a conscious, documented design decision with an accepted risk). No Ximly material may claim that the Guardian's consent is "identity-verified". For a child's account created by the Parent/Guardian, the Platform does not verify the child's existence or age other than by the Parent's/Guardian's declaration; the child merely confirms control over their e-mail address by setting a password.

§ 4. Rules for safe adult–minor relations on the Platform

4.1. All contact exclusively through the Platform (the chat in the Learning Space, video Lessons). It is prohibited to induce a minor to contact outside the Platform (messengers, social media, telephone, in-person meetings) and to exchange private contact details in order to circumvent it. A violation is a basis for the sanctions of Documents D1/D2, and where a criminal offence is suspected — for notifying the authorities (§ 7).

4.2. Rules for conducting 1:1 online Lessons with a minor. The Tutor: (a) conducts the Lesson exclusively within the booked slot and the educational topic — subject to the extension of a Lesson in progress under the rules of Document D5 § 4.3, which a minor Student may decline at any time by leaving the Lesson room; (b) does not raise sexual topics, does not comment on the Student's body or appearance, does not use verbal violence, shaming or favouritism; (c) does not ask the minor to switch the camera on in situations not justified didactically, nor to show their private surroundings; (d) does not contact the minor outside Lesson hours in non-lesson matters; (e) does not accept gifts from the minor or give the minor gifts outside the Platform; does not propose settlements bypassing the Platform's rules; (f) reacts to worrying signals (§ 6) and reports them via the channels of § 8.

4.3. Prohibition of recording. Recording Lessons, taking screenshots containing a minor's likeness, and the dissemination of such materials by participants are prohibited without the documented consent of all participants, and in the case of a minor — of the minor's Guardian (details and exceptions: Document D6 — the Community Rules). The Platform does not record Lessons on the server.

4.4. Communication of Ximly personnel with minors. Ximly personnel (including support operators) contact a minor exclusively in matters of Platform support, in plain language appropriate to the minor's age, and inform the Parent/Guardian about financial and sanction matters (the child receives at most an edited copy).

4.5. The prohibited conduct described in this section also covers, accordingly, minor–minor relations (peer violence) — we accept reports via the same channels (§ 8).

§ 5. Requirements for Tutors and for personnel working with minors

5.1. Adult Tutors only. Classes with minors are conducted exclusively by an adult; a Tutor account is created by an adult acting in their own name or in the name of a Tutor that is not a natural person. The Platform enforces this technically: the selection of the Tutor role with an unknown age is rejected, and with an age under 18 — blocked. A detected Tutor account belonging to a minor is immediately blocked as regards conducting classes, and the responsible person (§ 1.4) closes it after the matter has been clarified.

5.2. Compliance with the provisions on the protection of minors — the Tutor's own obligation. A Tutor conducting classes with minors is independently responsible for complying with the provisions on the protection of minors from harm, including — where the law so requires — verification in the Polish Register of Sexual Offenders (Rejestr Sprawców Przestępstw na Tle Seksualnym, "RSPTS") and obtaining the required certificates (e.g. from the National Criminal Register, Krajowy Rejestr Karny) in respect of the persons conducting the classes. Ximly does not carry out such verification and does not query the registers. Ximly does not accept or check documents concerning criminal records (KRK certificates, confirmations of an RSPTS check) — not even at the Tutor's request and not even within the "Verified" mark (Document D2 § 4.2); the obligations arising from the Polish Act of 13 May 2016 on counteracting threats of sexual crime and the protection of minors are fulfilled by the Tutor independently. The Tutor submits to Ximly a declaration that there are no impediments to their conducting classes with minors (Document D2 § 12).

5.3. The contract with the Tutor (Document D2 § 12) incorporates: the obligation of section 5.2, and, where the Tutor is an entity that is not a natural person — the obligation to ensure that every natural person the Tutor assigns to classes with minors meets the requirements of section 5.2, and to cover those persons with the declaration of section 5.2; the obligation to comply with these Standards; and contractual sanctions for their breach — up to and including the immediate termination of the collaboration, with reasons on a durable medium and an appeal path as required by Regulation (EU) 2019/1150 on online intermediation services ("P2B"); the procedure is set out in Document D2.

5.4. When recruiting its own personnel having contact with minors (including support operators with access to the content of complaints and of safety reports), Ximly collects a declaration of having read the Standards and of there being no impediments to contact with minors.

§ 6. Recognizing signals of harm

6.1. Ximly personnel and Tutors pay attention in particular to: (a) content in the chat or statements during a Lesson indicating domestic violence, neglect, sexual abuse, cyberbullying or self-harm; (b) attempts by an adult to establish contact with a minor outside the Platform, questioning about private matters, inducement to record their likeness; (c) sudden, worrying changes in a Student's behaviour; (d) erotic or violent content directed at a minor or originating from a minor.

6.2. Every such signal is subject to reporting via the channels of § 8 — also where it is only a suspicion. The assessment of its merits belongs to the responsible person (§ 1.4), not to the reporter.

6.3. The Tutor does not conduct their own "investigation" and does not confront the child or the child's family with suspicions; the Tutor's obligation is to report without delay.

§ 7. The intervention procedure and notifying the authorities

7.1. Who conducts the intervention. The intervention is conducted by the person responsible for the Standards (§ 1.4). That person documents: the date and content of the report, the steps taken, the decisions and the notifications — in a manner allowing the correctness of the actions to be demonstrated later, with access limited to the persons conducting the intervention.

7.2. The course of action:

  1. Receipt of the report (channels — § 8) and an initial assessment within 24 hours;
  2. Securing the child in the product — as appropriate to the situation: suspending the suspected account's contact with the minor, suspending Lessons, securing content (chat, files) as evidentiary material instead of deleting it;
  3. Notifying the child's Guardian — unless the suspicion concerns that Guardian; in that case the competent authorities are notified in the Guardian's place;
  4. Notifying the authorities:
    • where a criminal offence is suspected — the Police or the public prosecutor's office; for the most serious offences the notification is a legal obligation,
    • where the child's welfare is at risk without the elements of a criminal offence — the guardianship court (family court),
    • in a situation of an immediate threat to life — the emergency number 112; (bases: Article 304 of the Polish Code of Criminal Procedure (Kodeks postępowania karnego); Article 240 § 1 of the Polish Criminal Code (Kodeks karny); Article 572 of the Polish Code of Civil Procedure (Kodeks postępowania cywilnego))
  5. A support plan for the minor — within the scope appropriate to an online platform: maintaining contact with the Guardian, indicating free forms of help (among others 116 111 — the helpline for children and young people, 800 100 100 — the helpline for parents and teachers), enabling the continuation of learning with another Tutor;
  6. Decisions concerning the suspected person's account — in accordance with the sanctions of Documents D1/D2, with reasons on a durable medium.

7.3. DSA obligations. Ximly informs law enforcement authorities on its own initiative when it obtains knowledge giving grounds to suspect a criminal offence threatening the life or safety of persons (Article 18 DSA). The internal escalation and evidence-securing procedure constitutes an internal document.

7.4. A report made in good faith gives rise to no negative consequences for the reporter, even if the suspicion is not confirmed.

§ 8. Reporting channels and their limitations

8.1. The primary channel: the e-mail address support@ximly.app — it accepts reports concerning the safety of minors from anyone: a child, a Parent/Guardian, a Tutor, a third party without an account. Reports concerning minors are treated as a priority and directed to the responsible person (§ 1.4).

8.2. A commitment: a channel understandable and accessible to a child. Ximly maintains a reporting path described in language understandable to a 13-year-old (the children's version — § 12) and accessible from within the application without specialist knowledge.

8.3. A single contact address. The published and monitored address for reports concerning the safety of minors is support@ximly.app — the same one we indicate in Document D6 as the point of contact. Reports arriving in this mailbox are directed to the responsible person (§ 1.4) with priority over the remaining correspondence.

8.4. The limits of chat oversight. The child–Tutor chat is not proactively moderated by Ximly. The Parent/Guardian has transparent read-only access to it (§ 3.6) — this is a protective measure, not a surveillance tool: the child and the Tutor always know that the access exists, and the Parent/Guardian does not see the child's reports (§ 8.5). The protection rests further on: the prohibitions of § 4, the reporting channels of this section, the securing of content during an intervention (§ 7.2) and the technical restrictions on contact before authorization (§ 3.1).

8.5. The child's reports are not visible to the Parent/Guardian. A report filed by the child from a message, the list of the child's reports, confirmations and correspondence with the support team concerning a report are not visible in the Parent/Guardian panel or in their access to conversations; in such a matter the support team contacts the child through the child's own channels. This rule applies because the source of a threat may also be a person in the child's surroundings, and the procedure of § 7 must work in that case as well.

§ 9. Data, likeness and the privacy of minors

9.1. The rules of processing minors' personal data — including the legal bases, the recipients and the retention periods — are set out in Document D3 (the Privacy Policy). This section gathers the rules specific to the protection of the child.

9.2. Minimizing the child's exposure: (a) files uploaded in the chat and proofs of payment are stored on a private drive, accessible exclusively via signed, expiring URLs; file types capable of executing code are rejected; a path exists for deleting content on request; (b) behavioural analytics is switched off for a logged-in account with an age under 16 or an undetermined age — regardless of the consents such a user has given; turning 16 lifts this restriction; (c) the Platform directs no behavioural marketing and no profiled advertising at minors; (d) the child's likeness in publicly accessible places of the Platform — in particular next to reviews — is replaced by a generated avatar (no real photo).

9.3. Reviews posted by minors. A review whose author was under 18 at the moment of posting is published exclusively with the author's first name (without the surname and without its initial) and with a neutral avatar — containing no likeness and no elements derived from the data or identifiers of the author's account. The rule is enforced at the moment the review is saved and also covers a one-off correction of reviews published earlier.

9.4. The Tutor's records about the child. A note the Tutor publishes on a Lesson is visible to the child in the product; draft notes remain private to the Tutor, and the absence note is the Tutor's internal record, which the child receives in the export of their data. The Parent/Guardian has no access to these records in their panel — unlike conversations (§ 3.6), because the notes are the Tutor's internal record and not communication with the child. This boundary does not limit the right of access to data (Article 15 GDPR): upon a request submitted under the procedure of Document D3, we make available to the child the content of all records concerning them, excluding information disclosing the personal data of other persons. The extent to which the Parent/Guardian may exercise this right on the child's behalf is set out in Document D3.

9.5. After the end of the relationship with a Tutor, the Knowledge Cut rule applies (definition: Document D1 § 1.2): a blocked or departing Tutor retains only access to materials from before the end of the relationship and may add nothing about the Student (read-only access).

§ 10. Minors' access to harmful content

10.1. Ximly publishes no adult content; the content on the Platform comes from users (chat, files, profiles, reviews) and is educational in nature.

10.2. We say it honestly: the Platform conducts no proactive content moderation — we do not analyse conversations, files or reviews in advance. The protection rests on the prohibitions and the reporting procedure of Document D6, the channels of § 8 and the intervention procedure of § 7. The limitations of the moderation regime of Document D6 apply to the protection of minors to the same extent as to the other users.

10.3. The rules of safe internet use, to the extent appropriate to using the Platform, are contained in the children's version (§ 12).

§ 11. Review and updating of the Standards

11.1. The responsible person (§ 1.4) evaluates the Standards at least once every 2 years, and additionally after: every incident under § 7, a material product change affecting minors, and a change in the law.

11.2. The evaluation covers: the consistency of the descriptions contained in the Standards with the actual operation of the Platform, the effectiveness of the reporting channels, and the implementation of the recommendations from the previous review. The outcome of the evaluation and the changes are documented in the register of versions of the Standards.

11.3. A new version of the Standards is published in place of the previous one; the archive of versions remains available.

§ 12. The children's version — "Your safety on Ximly"

Hi! This page is for you — a Ximly student. Please read it. It matters, and it will take you a few minutes.

Who can use Ximly?

You must be at least 13 years old. When the account is created, you or your parent give your real date of birth — don't make it up, because these rules protect you.

If you are under 18, your account is approved by a parent or guardian. They pay for your lessons and see your lessons and payments in their panel; they also see there your first and last name, your date of birth and a partly hidden e-mail address. They can also see your conversations with tutors on Ximly — but only messages sent after this rule came into force and after we showed you the notice about it on Ximly; they do not see earlier messages — including ones sent before you saw that notice. Before your parent sees anything, we will first show you a notice about it on Ximly — only then will the access switch on. In every such conversation you will see a reminder of this and the date your parent last started reading it (we record the start of each reading; if your parent returns to the same conversation within about fifteen minutes, it counts as the same reading). The tutor knows this too. Your parent cannot write or report messages on your behalf, does not see conversations with other students (including the chat of a group lesson) and does not see your reports (more on those below). Your account may also have been created by your parent — in that case, at your first login in the web application we will show you where we got your data from and what you can do — including that you can complain to the Personal Data Protection Office if you feel we are not handling your data properly.

What can a tutor expect from you — and what are they not allowed to do?

A tutor is there to teach you. They can give you exercises, explain things and talk with you about learning — in the Ximly chat and in video lessons.

A tutor is not allowed to:

  • write to you outside Ximly (e.g. on Instagram, WhatsApp or by SMS) or ask for your phone number "for private conversations";
  • suggest meeting in person without your parent's knowledge;
  • talk to you about sex, or comment on your body or appearance;
  • ask you for photos or videos, or to show your room, without a reason connected with the lesson;
  • record you or take screenshots of you without your consent and your guardian's consent;
  • give you gifts in secret or ask you to hide anything from your parents.

If anyone — a tutor, another student, anyone — does anything on this list, or you simply feel bad about something: it is not your fault and you do not have to deal with it alone.

What to do when something is wrong?

  1. Tell a trusted adult — a parent, guardian or teacher.
  2. Report it in the Ximly app — in a chat conversation you will find a report option. Write briefly what happened; your report is marked as concerning a child's safety and we consider it first — it is handled by the support team, overseen by the person responsible for children's safety at Ximly. Your parent does not see that you reported something — the report is only between you and us.
  3. Write to us: support@ximly.app. Just write what happened — you don't need any "official" words. It will be read by a real person who looks after children's safety at Ximly, and they will get back to you.
  4. Don't delete the conversations — they will make it easier for us to help you.
  5. If something serious is happening and you need help right away, you can also call 116 111 free of charge and anonymously (the Helpline for Children and Young People, open around the clock). In an immediate emergency call 112.

A few rules that protect you

  • Don't give anyone on Ximly your address, phone number or passwords.
  • Don't arrange contact outside Ximly — even if someone says "it will be more convenient that way".
  • Remember that everything important (lessons, payments, consents) goes through your parent or guardian — if someone asks you for money or to "sort something out without your parents", that is a warning sign.
  • You have the right to say "no" and end a lesson if you feel uncomfortable.

The full safety rules (for adults) are higher up on this page. If you don't understand something in the other Ximly rules — write to us at support@ximly.app and we will explain it in plain language.

Informational part (§ 1.4)

The person responsible for the Standards: Krzysztof Czaicki — President of the Management Board of Ximly sp. z o.o.; contact: support@ximly.app.