Template terms for the provision of educational services by the Tutor

§ 1. Nature of the template and the parties to the contract

1.1. These terms are a template of the contract for the provision of an educational service (a "Lesson") concluded between the Tutor (the service provider, § 2) and the Student or — where the Student is a minor — the Parent/Guardian (hereinafter: the "Parent") acting as the party to the contract (§ 3). The template is incorporated into every booking of a Lesson on the Ximly Platform. The template is at the same time the carrier of the information obligations of a Tutor who is a trader (Articles 12 and 21 of the Polish Consumer Rights Act of 30 May 2014 (ustawa o prawach konsumenta — hereinafter: "u.p.k.")).

1.2. Ximly is not a party to the Lesson agreement. Ximly acts as the organizer of the conclusion of the contract: it supplies the booking and communication tools and the Learning Space, handles payments according to the Lesson's settlement rail (§ 6.2; definition: Document D1 § 1.2), applies the Cancellation Policy (Document D4) and resolves Lesson Complaints (§ 9). For these actions of its own it is liable under the rules of Document D1; for the quality of teaching the Tutor is liable (§ 11).

1.3. The Lesson agreement is supplemented, by incorporation into it, by: the Cancellation Policy (Document D4 — the version accepted at booking) and Document D10 (the withdrawal notice — published on ximly.app; the Platform does not currently deliver it at booking, which does not shorten the withdrawal period: Document D10 § 8.2). Capitalized terms — the common Glossary (Annex Z4), and until its issuance — Document D1 § 1.2.

1.4. The template is versioned. A Lesson is bound by the version of the template accepted at its booking; the publication of a newer version does not operate retroactively on Lessons already booked and does not change their terms. We announce a new version of the template at least 7 days before the day it takes effect, indicating that day; we introduce changes to the template under the rules applicable to consumer documents (Document D1 § 15).

§ 2. The Tutor's identity (a dynamically substituted block)

2.1. The service provider of the Lesson is:

Variant A — a Tutor who is a trader (a natural person conducting business activity or an entity that is not a natural person, e.g. a company):

[FIELD: the Tutor's first and last name or display name] (from the Tutor's profile on the Platform) [FIELD: business name and legal form] — where the Tutor has made them available [FIELD: address for service] — where the Tutor has made it available [FIELD: NIP] · [FIELD: VAT number] — where the Tutor has made them available [FIELD: telephone number] — where the Tutor has made it available Contact in matters of the contract: via communication on the Platform (the Learning Space), and at the e-mail address — where the Tutor has made it available.

Variant B — a Tutor who is a natural person not conducting business activity:

[FIELD: the Tutor's first and last name or display name] (from the Tutor's profile on the Platform) Declaration: the Tutor has declared to the Platform that they do not conduct business activity and conclude the Lesson agreement as a private individual. If this declaration is consistent with reality, the consumer protection provisions do not apply to the Lesson agreement between the Student and the Tutor (Article 6a of the Consumer Rights Directive 2011/83/EU — CRD, and Article 12a u.p.k.); the Student retains, however, all rights against Ximly arising from Document D1 and the rights granted to them in § 7.1 and § 9. If, despite such a declaration, the Tutor in fact acts as a trader, the Student retains consumer protection against them. Contact in matters of the contract: via communication on the Platform (the Learning Space); the address for service and the e-mail address — where the Tutor has made them available.

2.2. The block of § 2.1 (in the variant appropriate to the Tutor's status) is presented to the Student to the extent that the Tutor has provided those data (§ 2.3), and its elements indicated in § 5.3 are repeated in the confirmation on a durable medium. The Tutor's status — a trader or a person not conducting business activity — determines whether the consumer protection provisions apply to the contract with the Tutor (subject to the last sentence of variant B in § 2.1).

2.3. The data making up the block of § 2.1 comes from the Tutor's profile and account settings on the Platform and is passed to the Student to the extent that the Tutor has made it available; the Tutor is responsible for its truthfulness and currency (Document D2 § 2.4–2.5). A change of the status or of any of the data of § 2.1 takes effect for bookings placed after its introduction; a Lesson is bound by the identity block in the wording in force at the moment of booking, and the Tutor's current details are available in their profile in the application.

§ 3. The party to the contract for a minor Student

3.1. If the Student is under 18, the party to the Lesson agreement and the payer of every obligation arising from it is the Parent who authorized or created the Student's account on the Platform. A minor Student participates in the Lesson and uses the Learning Space; they incur no monetary obligations.

3.2. The Platform enforces § 3.1 technically: without the Parent's active authorization, booking a paid Lesson for a minor is impossible (the system refuses, instead of charging the child), and payment actions on the minor's account are blocked.

3.3. The transactional consents at the booking of a minor's Lesson (to the Cancellation Policy and to this template; the Platform does not currently collect statements connected with Document D10 at booking — Document D10 § 5.1) are attributed to the Parent as the party to the contract. The system records at the same time that the action was initiated by the child, and indicates the specific guardian authorization event under which the child acts. These consents may be given by ticking a box or by confirming with a button together with a statement of the version of the wording displayed next to it; the evidence indicates the manner in which they were given (Document D3 § 3.1).

3.4. The revocation of the authorization by the Parent produces effects separately for each Lesson that has not yet been conducted: unpaid Lessons are cancelled without an obligation to pay, and paid ones are settled by standard refunds to the Parent in accordance with the Cancellation Policy. Payment for Lessons conducted before the revocation of the authorization remains due.

§ 4. Subject matter of the contract

4.1. The subject matter of the contract is the conduct by the Tutor of an online Lesson on the Platform, on the date, of the length, in the subject and for the price indicated in the booking. The booking parameters (the date and time with the time zone, the duration, the rate and currency, the total price) are part of the contract.

4.2. The Lesson takes place in the virtual classroom (video, chat, whiteboard, files) — the tool for conducting Lessons operating within the Learning Space, i.e. the shared area of the Student and the Tutor on the Platform (the relationship of the concepts: Document D1 § 6.1). The technical requirements and the functionalities — Document D1 § 6.

4.3. A change of the agreed date of a Lesson, and a change of its length agreed before the start of the Lesson, take place exclusively under the reschedule procedure of the Cancellation Policy (a proposal by one party and a response by the other); the extension of a Lesson already in progress is governed by the paragraph below. The Tutor may extend a Lesson in progress beyond the booked time slot by 10–30 minutes; the extension does not require the Student's confirmation, and the Student may leave the Lesson room at any time — the extension creates no obligation on their side to continue participating. An extension does not change the price of the Lesson and creates no additional obligation to pay on the Student's side.

§ 5. Conclusion of the contract and confirmation on a durable medium

5.1. The Lesson agreement is concluded at the moment the booking is accepted by the Platform's system (for the Tutor's invitation — at the moment it is accepted by the Student or the Parent). This moment of conclusion applies regardless of later technical events (calendars, notifications).

5.2. Every click creating an obligation to pay is labelled in accordance with Article 17 u.p.k. ("order with obligation to pay" or an equivalent wording); Ximly applies this labelling at every booking, regardless of the Tutor's status (§ 2.1). This also applies to bookings with deferred payment — in which payment takes place after the Lesson — on both settlement rails: the button completing the booking informs of the obligation to pay that arises, and the remaining content of the booking screen does not contradict that obligation.

5.3. Immediately after the conclusion of the contract, the Student (for a minor: the Parent) receives a confirmation on a durable medium (e-mail) covering: the type of the Lesson, the parties to the contract (the Tutor indicated in accordance with § 2 — first and last name or display name; for a minor: the child as the participant), the date and time of the Lesson and — in the confirmation for the Parent — the version numbers of the documents accepted at booking. The remaining elements of the contract — the full identity block of the Tutor (§ 2), the Lesson parameters (§ 4.1), the total price and payment terms (§ 6), the text of the accepted Cancellation Policy (Document D4), the withdrawal notice together with the model form (Document D10, Annex Z1) and the complaint procedure (§ 9) — are available in the application in the Lesson details and in the Tutor's profile, and in the documents published at ximly.app. The confirmation is sent regardless of the success of calendar synchronization and of other technical actions taken after the conclusion of the contract; the failure of such an action does not release from the obligation to deliver the confirmation.

§ 6. Price, payment and invoice

6.1. The price of the Lesson is visible before booking and follows from the Tutor's rate and the length of the Lesson; the rules on prices, currencies and conversions — Document D1 § 9, and once issued — also Annex Z2 (the currency and conversion rules). This template repeats no amounts.

6.2. Payment takes place according to the Lesson's settlement rail: (a) card payments via the Platform — a card payment to the Tutor, collected by Stripe (a description of the role and of the moment of payment — Document D1 § 8); (b) direct payments to the Tutor — payment outside the Platform on the terms agreed with the Tutor, recorded on the Platform (Document D1 § 8).

6.3. The issuer of the invoice or other accounting document for the Lesson is the Tutor; the tax settlement of the Lesson price is the Tutor's responsibility. The Student addresses a request for an invoice to the Tutor via the channel of § 2.1.

§ 7. Right of withdrawal

7.1. If the Tutor is a trader (§ 2.1 variant A), the Consumer (for a minor: the Parent) has the statutory right to withdraw from the Lesson agreement within the statutory period counted from the conclusion of the contract — its length and rules are described in Document D10 (the withdrawal notice; the numbers exclusively there), published on ximly.app. The Platform does not currently deliver Document D10 at booking or attach it to the confirmation of § 5.3 — non-delivery does not shorten the withdrawal period (Document D10 § 8.2). The model withdrawal form — Annex Z1 (Document D10 § 10). If the Tutor is not a trader (§ 2.1 variant B), the statutory right of withdrawal does not apply; Ximly then grants the Student (for a minor: the Parent) a contractual right to resign from the Lesson on terms no worse than the statutory ones — exercised in the manner, within the period and with the effect described in Document D10. If more than one Student participates in the Lesson, the withdrawal — and, in variant B, the resignation of the preceding paragraph — is exercised by the Student exactly as for a Lesson with a single Student (the manner of submitting the declaration — Document D10 § 4), and where the participant is a minor Student — it is exercised by the Parent/Guardian as the party to the contract; the right and the period remain unchanged. An effective withdrawal then ends the entire Lesson, including as regards the remaining Students, and every payment obligation arising from its booking is settled separately, under the rules of Document D10 § 8.1.

7.2. Withdrawal and cancellation are separate rights: statutory withdrawal exercised within the period results in a full refund regardless of the thresholds of the Cancellation Policy. After the Lesson has been performed in full, the right of withdrawal expires exclusively on the conditions described in Document D10 — that is, only where the Student at booking expressly requested the beginning of the performance before the expiry of the withdrawal period and acknowledged that, upon the full performance of the Lesson, the right of withdrawal would be lost (the Platform does not currently collect such statements at booking, so the right does not expire upon the performance of the Lesson — Document D10 § 5.1 and § 8.3). The rules of this section apply accordingly to the contractual right of resignation of § 7.1.

§ 8. Cancellation and reschedule

8.1. The effects of the cancellation of a Lesson by either party, the refund thresholds, the time windows, the manner of and time limits for responding to a reschedule proposal, the principle of limiting the number of reschedule requests for a single Lesson, and the effects of a lack of response are set out exclusively in the Cancellation Policy (Document D4) in the version accepted at the booking of that Lesson. This template deliberately contains no number from that scope.

8.2. The cancellation of a Lesson by the Tutor results in a full refund for the Student in accordance with the Cancellation Policy; the Tutor's settlements with the Platform on that account (Documents D2/D2-P) are not charged to the Student.

§ 9. Lesson Complaints

9.1. A Complaint concerning the quality or course of a Lesson is filed by the Student (for a minor: the Parent) in the product, with Ximly, under the procedure of Document D4 § 10 — there: the payout hold window (which is not a deadline for filing a Complaint), the course, the effects, the time limit for a response and the effect of failing to meet it, and the Parent's rights. The resolution belongs to Ximly and is a decision as to the principle only (the Complaint is either upheld or rejected): the upholding of a Complaint means a refund of 100% of the price out of the amounts held in the reserve until the resolution; the complaint path provides no partial refunds, and a statutory price-reduction request is handled individually by the support team. The payout hold window is exclusively the period during which the funds for the Lesson remain held, and it does not limit the time for filing a Complaint: a Complaint filed after that window has expired is received and considered by the support team, and its upholding likewise means a refund of 100% of the price; the difference concerns exclusively the manner of financing the refund as between the Platform and the Tutor and does not affect the Student's rights. Under direct payments to the Tutor, a Complaint is registered and resolved without any movement of funds on the Platform: the resolution binds the parties as to the status of the amount due registered on the Platform, including as to the cancellation of the Student's obligation, and the execution of the refund due rests with the Tutor (Document D4 § 6.5 and § 10.9).

9.2. The two-channel model (disclosure). The Tutor does not receive the content of the Complaint — they see the fact of its filing, its status and its financial effect. This boundary protects the Student (including a minor); the rules for informing the Tutor of the essence of the allegation before a monetary decision are set out in Document D2 § 9.

9.3. A Lesson Complaint does not limit the Student's statutory rights against the Tutor for improper performance of the Lesson agreement, nor — under card payments via the Platform — the rights against the card issuer (a chargeback). The Student may address claims against the Tutor directly to the Tutor via the channel of § 2.1.

§ 10. Obligations of the parties in the course of the Lesson

10.1. The Tutor conducts the Lesson in person, with due professional diligence, on the agreed date and in the agreed length.

10.2. Recording. The Platform does not record Lessons. Recording of the course of a Lesson by either party is permissible exclusively with the documented, prior consent of all participants — and, where a minor participates, also of the minor's Parent — and exclusively for personal use, without publication. Details — Document D6 § 2.

10.3. Third-party materials. When using other people's materials in a Lesson (textbooks, exercises, graphics), the Tutor is responsible for holding a legal basis for their use. Permitted use for educational purposes (Article 27 of the Polish Copyright Act (prawo autorskie)) covers educational and research institutions and does not cover commercial tutoring — the Tutor may not rely on it.

10.4. Both parties comply with the community rules (Document D6), and where minors participate — with the standards for the protection of minors (Document D8).

§ 11. Liability

11.1. The Tutor is liable towards the Student for the due performance of the educational service: the conduct of the Lesson, its quality and its conformity with the agreed scope — on statutory terms, with no contractual exclusions towards a consumer. If the Tutor is not a trader (§ 2.1 variant B), they are liable for the due performance of the contract on the general terms of civil law; this template, in that variant too, neither excludes nor limits their liability.

11.2. Ximly is liable towards the Student — under the rules of Document D1 § 14 — for its own digital service (the operation of the Platform and of the Learning Space) and for its own decisions (the application of the thresholds of D4, complaint resolutions, the execution of refunds). This template transfers no liability from Ximly to the Tutor or vice versa.

11.3. If a Lesson did not take place for technical reasons on the Platform's side, the Student's claims are addressed to Ximly under the procedure of Document D1 § 12 and § 14; the Tutor then bears no liability for the Lesson not taking place.

§ 12. Governing law and disputes

12.1. Governing law: Polish law, provided that the choice of law does not deprive the consumer of the protection that is mandatory in the state of their habitual residence (Rome I, Article 6(2)).

12.2. Disputes with a Tutor who is a trader are resolved by the courts having jurisdiction under statutory provisions — the template imposes no contractual court on the consumer, and in cross-border disputes the consumer retains the right to the courts of the state of their domicile (Brussels I bis, Articles 17–19). If the Tutor is not a trader, the jurisdiction of the court is determined by the general rules; the template, in that variant too, imposes no contractual court. Out-of-court dispute resolution (ADR) — Document D1 § 17; the template does not refer to the ODR platform (discontinued on 20 July 2025).