Back
Ximly logo

Ximly Platform Terms of Service for Students and Parents/Guardians

§ 1. General provisions, definitions, languages and versions

1.1. These Terms of Service ("Terms"; within the document package designated as Document D1) set out the rules for using the Ximly platform by Students and Parents/Guardians and constitute a contract for the supply of a digital service between you and Ximly sp. z o.o. with its registered office in Kraków, KRS (National Court Register) no. 0001152079, NIP (tax identification) no. 6793320888 (full registration details: § 18.1) ("Ximly", "we").

1.2. Definitions of capitalised terms:

  • Platform — the Ximly website and applications, including the student panel, the parent panel and the Learning Spaces.
  • Student — a person using the Platform for the purpose of learning; the consumer and party to the contract is the adult Student or — for a Student aged 13–17 — the Student's Parent/Guardian (§ 4).
  • Parent/Guardian (also "Guardian") — the parent or legal guardian of a minor Student, holding their own parent account on the Platform.
  • Tutor — a user providing educational services via the Platform; the Tutor acts in their own name and is a service provider separate from Ximly (§ 2, § 5).
  • Learning Space — a dedicated area on the Platform run by a Tutor, in which the communication, planning and conduct of Lessons take place (§ 6).
  • Lesson — a single educational service provided by a Tutor to a Student, booked via the Platform.
  • Card Payments via the Platform ("the card rail") — the method of paying for Lessons described in § 8.2, operated by Stripe.
  • Direct Payments to the Tutor ("the direct rail") — the method of payment described in § 8.3, in which the Student or the Guardian pays the Tutor directly, outside the Platform.
  • Stripe — a licensed payment institution handling payments under Card Payments via the Platform (Stripe Payments Europe, Ltd. and its affiliated entities).
  • Payment Group — a set of amounts due for Lessons covered by one common payment deadline and one common payment (§ 8.4).
  • Guardian Authorization — the Guardian's declaration, confirmed on the Platform, by which the Guardian assumes the role of party to contracts and payer for a Student aged 13–17 and — for a Student under 16 — consents to the processing of the child's data (§ 4); it is granted when approving an account created by the Student (§ 4.5a) or when the Guardian creates the child's account (§ 4.5b).
  • Warning — a disciplinary measure imposed exclusively in the circumstances described in § 13.3.
  • Knowledge Cut — the rule limiting a Tutor's access to content after the end of the collaboration, described in § 6.8.
  • Cancellation Policy — the Cancellation and Refund Policy (Document D4).
  • Privacy Policy — Document D3.
  • Platform support — the Ximly support team handling reports, complaints and settlements.
  • Document package — the Terms (Document D1) together with: the Privacy Policy (Document D3), the Cancellation and Refund Policy (Document D4), the template Lesson agreement (Document D5), the community rules (Document D6), the Cookie Policy (Document D7), the standards for the protection of minors (Document D8) and the withdrawal notice (Document D10); Ximly's agreement with Tutors (Document D2 together with annex D2-P) is not part of your contract and we refer to it for information only.

How to read "you". The Terms address the person using the Platform. For a Student aged 13–17, the provisions on contracts, payments, debt and liability apply to the Guardian as the party to the contract (§ 4.4) — even where the action is performed by the Student; the provisions on day-to-day use apply to the Student. Where it matters, we identify the addressee explicitly.

1.3. The Terms are published in Polish and English. You are bound by the language version in which the Terms were delivered to you; the versions are of equal standing, and neither takes precedence against a consumer. Each version has a number and an effective date; we preserve an immutable record of the content of each version in each language together with a cryptographic hash, and upon acceptance we record which version, and in which language, was displayed to you.

1.4. On the Platform we make available — in a manner that allows you to read and save them — the current version of the Terms and, during the announcement period (§ 15.2), the upcoming version, each with its date of entry into force. The content of an earlier version that you accepted (§ 1.3) is made available at your request addressed to Platform support (§ 18.2).

1.5. In matters not governed by the Terms, Polish law applies, subject to § 16.

§ 2. Who we are and what our role is

2.1. When using the Platform, you take part in three separate contractual relationships:

  • (a) You ↔ Ximly — a contract for the supply of a digital service (these Terms): access to the Platform, the Learning Spaces, the messenger, the virtual classroom, the booking system, payment handling and complaint resolution;
  • (b) You ↔ Tutor — a contract for an educational service (a Lesson); its party is the Tutor as the service provider, and its terms are set out in Document D5 together with the terms indicated at booking;
  • (c) Ximly ↔ Tutor — a separate commercial agreement (Document D2), to which you are not a party.

2.2. We are not "merely a provider of IT infrastructure" and we do not hide behind such a formula. Our actual role depends on the chosen settlement method:

  • (a) under Card Payments via the Platform: we arrange the collection of the payment for a Lesson via Stripe, we apply our own published Cancellation Policy (Document D4), we resolve complaints concerning Lessons and we execute refunds — and we accept liability for these decisions of our own (§ 12, § 14). The funds do not reach Ximly in the process: the payment is collected directly into the Tutor's Stripe account (§ 8.2);
  • (b) under Direct Payments to the Tutor: we only keep a record of amounts due and payment deadlines — we accept declarations that payment has been made and the Tutor's positions, but we do not intermediate in the flow of money and do not independently verify whether payment has occurred (§ 8.3).

2.3. Ximly does not accept, hold or transfer your funds under either settlement method. Payment services under Card Payments via the Platform are provided by Stripe (§ 8.2).

§ 3. Current scope and commercial model of the service

3.1. The Ximly service for the Student and the Guardian is provided without a monetary charge — no commission, no subscription and no usage fees. The only payments are the payments to the Tutor for Lessons (made by an adult Student or by the Guardian — § 4.4; the price is visible before each booking). In exchange for the service you provide us with personal data processed under the rules of the Privacy Policy — the contract is governed by the provisions on digital services, including Chapter 5b of the Polish Consumer Rights Act (ustawa o prawach konsumenta) (§ 14).

3.2. The Terms do not provide for a "test period" or for promotional terms limited by a date. If we introduce paid services for Students or Guardians, this will happen exclusively by way of an amendment to the Terms (§ 15) with clear information about the price.

3.3. The scope of the Platform's functionalities is described in § 6. We do not promise features the Platform does not have.

§ 4. Accounts, age, minors and Parents/Guardians

4.1. Minimum age and how age is established. The Platform may be used only by a person who is at least 13 years old. We establish age on the basis of a declaration or a date of birth: an adult submits at registration a declaration of being at least 18 years old (a separate field, unticked by default) and does not provide a date of birth; the date of birth of a Student aged 13–17 is provided by the Student (the Guardian invitation path — § 4.5a) or by the Parent (when creating the child's account — § 4.5b); a Tutor's age is established the same way — from the declaration of being at least 18 years old or from a date of birth (§ 4.10). As long as an account has neither a declaration of adulthood nor a date of birth (e.g. an account created before the declaration was introduced, or a login via an external identity provider before the declaration is made), it does not gain access to the Platform's features (the "unknown age = no access" rule). The exception is a Guardian account created from an invitation (§ 4.5a): the Guardian declares adulthood by accepting the Terms under their own account (§ 4.6), and the Platform does not technically establish their age status — it collects from them neither a date of birth nor a separate declaration of being at least 18. Age is a self-declaration — yours or the Parent's — and we do not verify it against an identity document (Document D8 § 2.4). We do not create accounts for persons under 13; the detection of such an account results in its blocking and the initiation of data deletion (we retain only a minimal proof that these steps were carried out, which does not allow the child to be identified).

4.2. The Student's date of birth and the consequences of an incorrect age declaration. A date of birth saved on a Student's account is immutable: it cannot be edited by you — this protects the consistency of consents and age-dependent entitlements. If a Student mistakenly provides an incorrect date of birth at registration, the remedial path is to register again with the correct date; where the mistake indicates an age under 13, the account is blocked and the data deleted (§ 4.1) — once the data deletion is complete, the same e-mail address may be used for a new registration. Correction window for the Parent: a date of birth entered by the Parent when creating the child's account (§ 4.5b) may be corrected by the Parent in their panel within 24 hours of the account's creation, as long as the child has not logged in for the first time; the correction is recorded in the register (§ 4.11), and once the window has passed the date becomes immutable under the general rules. A false declaration of adulthood is a material breach of the Terms. If we learn from a third party that a person who declared being at least 18 is a minor, the support team records the true date of birth on the account (the correction is noted in the register together with the reason and the identifier of the person who entered it — § 4.11); at the same moment the account's active sessions are invalidated and the account moves onto the path involving a Parent (§ 4.5) — where the age is under 13 we apply § 4.1 — and the rules concerning minors apply to that person's data (Documents D3 and D8). At the correction the system draws up an inventory of the account's existing Lesson obligations but does not settle them automatically — the settlement is carried out manually by the support team, under the following rules: unpaid Lessons are cancelled without any debt arising; Lessons paid for but not yet held are cancelled with a refund of the entire amount paid, without the threshold deductions of Document D4; Lessons already held remain settled. You may contest the correction and the block with Platform support — the matter is examined by a human (Document D3 § 11).

4.3. Three age brackets. The scope of independent use of the Platform depends on the Student's age:

  • (a) under 13 — use of the Platform is not permitted (§ 4.1);
  • (b) 13–15 — Guardian Authorization is required (definition: § 1.2), which in this age bracket also includes consent to the processing of the child's personal data (Article 8 GDPR); the Student's account remains inactive until it is granted;
  • (c) 16–17 — Guardian Authorization is required: the Guardian is the party to the contracts concluded in connection with Lessons and the payer of every obligation; the Student's account remains inactive until it is granted.

4.4. The Guardian as party to the contract and payer. For a Student aged 13–17, the party to the digital service contract with Ximly and the party to every Lesson agreement and the debtor of every monetary obligation is the Guardian, not the child. A minor Student does not incur debt on the Platform in their own name; any arrears, Warnings and blocks related to payments are applied to the Guardian's account (§ 13.7). We send payment links to the Guardian's e-mail address.

4.5. How the Guardian account and the link with the child's account come into being. The Guardian–child link arises by one of the two paths described in § 4.5a and § 4.5b.

4.5a. Invitation from the child. When a Student aged 13–17 registers, the Student provides the Guardian's e-mail address, to which we send an invitation valid for 72 hours (re-sending invalidates the previous link). The Guardian logs in passwordlessly with a one-time code, confirms their identity (first and last name), accepts the Terms under their own account (the Privacy Policy is presented to them at the same time) and grants Guardian Authorization with a scope visible to them. Until then the Student's account remains inactive; once that period has expired, the uncompleted activation and the data associated with it are deleted by the next daily clean-up process.

4.5b. The Parent creates the child's account. The Parent registers their own account (declaration of being at least 18, selection of the parent role, acceptance of the Terms) 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 own e-mail address (different from the Parent's). The Parent grants Guardian Authorization — and, for a child under 16, also the consent to the processing of the child's data, given by a separate tick — in the same action; the link is active immediately, with no invitation and no 72-hour period. The child receives at their e-mail address a message with a link to set a password — the password is set exclusively by the child and the Parent does not know it.

4.6. An honest description of Guardian verification. We verify that the person acting as Guardian controls the indicated e-mail address (mailbox + one-time code); we do not verify their identity, that they are of legal age, or their relationship to the child. By creating a Guardian account you declare that you are an adult parent or legal guardian of the indicated Student; you make the same declaration when creating each child's account (§ 4.5b) — in respect of that child. A false declaration is a material breach of the Terms and may result in the accounts being blocked. Ximly does not verify or adjudicate the scope of parental authority; if a dispute arises between the child's parents or guardians as to the child's use of the Platform, we apply Article 97 of the Polish Family and Guardianship Code and suspend the incurring of new obligations on the child's account (new bookings) until they have resolved the dispute — we do not delete the account and do not decide who holds parental authority. A person impersonating a Guardian is liable to Ximly and to third parties for acting without authority, and the contracts concluded by that person do not bind the child's actual legal guardian.

4.7. Guardian's rights. On the Platform the Guardian has access to: the list of their children, the children's Lessons, payments and arrears, the register of granted consents and authorizations and — read-only, transparently to the child and the Tutor, on the terms of Document D8 § 3.6 — the child's conversations with Tutors (the private child–Tutor chat and the lesson chat of a Lesson in which the child is the only Student) — exclusively messages sent from the access boundary moment: the latest of the date of entry into force of the version of the Terms 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 information about the access on the Platform (Document D8 § 3.6) — earlier messages, including messages sent after those versions took effect but before the information was shown to the child, are not visible in the panel; the Guardian cannot write, delete or change messages in the conversation or report them from within the child's conversation; the Guardian receives notifications about the child's financial matters (the child receives a copy without payment data). The Guardian grants consents and Guardian Authorization, accepts documents on the child's behalf (a child aged 13–17 cannot independently accept documents binding the account), creates the child's account (§ 4.5b), may correct the child's date of birth they entered within the window of § 4.2, and may revoke Guardian Authorization at any time.

4.8. Effects of revoking Guardian Authorization. Revocation operates prospectively and is settled per Lesson (with a preview of the effects before confirmation): unpaid Lessons are cancelled without any debt arising; paid Lessons are subject to standard refunds (Document D4) to the Guardian as the payer; the child's active sessions are invalidated. Revocation does not undo the effects of contracts performed earlier.

4.9. Reaching the age of majority. Upon turning 18, the Student becomes an independent party to the contract for the future; obligations that arose earlier remain the Guardian's obligations. This also applies to an account created by the Parent (§ 4.5b). At that moment Guardian Authorization expires, active sessions are invalidated, and further use of the Platform requires acceptance of the Terms under the Student's own account (the Privacy Policy is presented at that time). Turning 16 changes the scope of the required consents in accordance with § 4.3.

4.10. Tutors are always adults. A Tutor account may be held only by a person who is at least 18 years old. A Tutor's adulthood follows from the declaration of being at least 18 years old (§ 4.1) or from a date of birth indicating an adult age; where the age is unknown (an account with neither the declaration nor a date of birth) the choice of the Tutor role is refused, and a date of birth indicating an age under 18 makes obtaining that role impossible.

4.11. Scope of Guardian Authorization and the consent register. The Authorization has a scope visible to the Guardian: for a child aged 13–15, a separate consent to data processing (Article 8 GDPR) + the contractual-and-payment part; for a child aged 16–17 — the contractual-and-payment part. Every grant, change and revocation is recorded in an append-only register indicating the versions of the documents binding at the time of the event; the Guardian can view the register in their panel. The register also records — when granting Authorization on the invitation path (§ 4.5a) — the Guardian's confirmation 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 — means only what § 5.3 describes (Document D8 § 3.4), and — for a child aged 13–15 — the consent to the processing of the child's data; each with the version of the declaration's wording. On that path the Guardian's declaration that they are the child's parent or legal guardian is an element of the acceptance of the Terms under the Guardian's account (§ 4.6) and has no separate entry in the register. On the path of § 4.5b 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 § 4.2, 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. Actions of the child requiring consent are recorded with full attribution: who acted (the child), to whom the legal effect is attributed (the Guardian), and under which authorization.

4.12. The rules for the protection of minors on the Platform, including the rules for safe adult–child relations and the response procedures, are set out in Document D8. We also make information about the Platform's rules and about data processing available to a minor Student in a version adapted to their age — in the product, in materials explaining the Platform in language friendly to younger users, and in the message the Guardian receives upon activation of the child's account. To a child whose account was created by the Parent (§ 4.5b) we show this information — including where we obtained their data from, together with the instruction on the right to lodge a complaint with the supervisory authority (the President of the Personal Data Protection Office) — at the first login in the web application, before they enter the panel (Document D3 § 20).

§ 5. Who you conclude the Lesson agreement with

5.1. You conclude the agreement for each Lesson with the Tutor (and for a Student aged 13–17 it is concluded by the Guardian). The terms of that agreement are set out in a template — Document D5 — together with the information indicated on the booking screen and in the confirmation.

5.2. Tutor's status. A Tutor may conclude a Lesson agreement as a trader (przedsiębiorca — a natural person conducting business activity, a company or another trader) or as a private individual. If the Tutor is a trader, the Lesson agreement is a consumer contract and you have the statutory right of withdrawal (§ 10, Document D10). If the Tutor is not a trader, consumer protection provisions do not apply to the contract between you and the Tutor; in that case Ximly grants you an equivalent 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 (Document D5 § 7.1). The Tutor's status follows from the Tutor's own declaration; the Platform does not currently display a separate mark of that status or the Tutor's registration details before booking — you may ask the Tutor about them in the Learning Space.

5.3. Qualifications and the "Verified" mark. The qualifications, experience and descriptions visible in a Tutor's profile are the Tutor's own declarations. The rule is that Ximly does not verify them: we do not check Tutors' education, credentials, experience or criminal record and we do not query public registers (including the Polish Register of Sexual Offenders (RSPTS) or the National Criminal Register (KRK)) — the Tutor's obligations in that respect and the declarations the Tutor makes are set out in Documents D2 and D8. The Tutor bears responsibility for the truthfulness of their declarations (Document D2). The exception is the "Verified" mark: Ximly may — at the Tutor's request or on its own initiative, not for every Tutor and never automatically — compare specified data from the Tutor's profile with documents the Tutor has sent us, and, if they match, assign that mark to the profile (rules — Document D2 § 4.2). The handling of these checks has not yet been launched — until we announce to Tutors that requests can be submitted, we do not carry out checks and do not assign the mark (Document D2 § 4.2). The mark means exactly this: on the day of the check, the specified profile data matched the documents the Tutor presented to us. It is not a confirmation of qualifications, competence or teaching quality, it is not an assessment of the Tutor's safety and it does not replace the Tutor's obligations under Document D8; the absence of the mark does not mean that the Tutor's declarations are untrue. The "Ambassador" distinction is not based on any check (Document D2 § 3.3).

5.4. Profile visibility and joining. Tutor profiles are visible to logged-in users of the Platform; you can also join a Learning Space via a direct invitation link from the Tutor. We do not maintain a public directory or ranking of Tutors.

§ 6. Description of the service, functionalities and content in the Learning Space

6.1. Scope of the digital service. Under the contract we provide you with: an account and user panel, access to the Learning Spaces you join, a messenger (private and group chats), a virtual classroom for conducting Lessons online (video, lesson chat, whiteboard, file sharing), a system for booking and rescheduling Lessons, the settlement handling described in § 8 and the complaint system described in § 12.

6.2. Technical requirements. To use the Platform you need: a device with an up-to-date web browser, a stable internet connection (a broadband connection is recommended for video Lessons), and — for full virtual classroom functionality — a camera and a microphone. The Platform works with commonly available web browsers; it does not require the installation of additional software.

6.3. Persistent Learning Space artefacts. Content created in a Learning Space — messages, lesson chat, whiteboard records, uploaded files, learning topics and objectives — remains stored in the Learning Space and is visible to its participants according to their permissions, and to the Guardian of a minor Student — exclusively within the scope of the access under § 4.7. The end of a single Lesson does not delete this content.

6.4. Deleting content. Deleting a message permanently deletes the files attached to it as well — they also disappear from our storage infrastructure. Attachments are stored privately and made available exclusively to authorized participants via short-lived, signed links.

6.5. What the Platform does not have. The Platform contains no "course materials", "announcements" or "homework" modules. We do not promise features that do not exist; their potential introduction will follow the procedure of § 15.

6.6. Lesson recording. The Platform does not record Lessons — we do not conduct server-side recording of video, audio or the course of classes. Recording of Lessons by participants is prohibited, unless all participants (and, where a minor Student takes part, also the Student's Guardian) give documented consent to it; the details are set out in Document D6. This prohibition applies in all versions of the Platform, including the mobile application.

6.7. File limits. The actual limits on the number, size and types of uploaded files are set out in Document D6 (acceptable use rules); the Platform enforces them automatically at upload.

6.8. Knowledge Cut. After your participation in a Learning Space ends (leaving, removal, blocking), the Tutor retains access to the content created up to the moment of the end and gains no access to later content; your own access is limited symmetrically. Exception — learning topics: the topics area is available exclusively to fully active participants — upon the end of participation, access to the topics is lost in its entirety, with no historical "read-only" view. Saving new content in an ended relationship is blocked.

6.9. Blocking within a Learning Space. A Tutor may block a participant of their Learning Space; the Tutor may state a reason for the block, which we record. A blocked participant loses access to that Learning Space under the rules of § 6.8. The block does not affect your rights under contracts already concluded (paid Lessons, refunds, complaints) or your access to issued settlement documents; you may ask Platform support about the reason for the block (§ 18.2).

§ 7. Conclusion of the Lesson agreement and confirmation

7.1. Moment of conclusion of the contract. The Lesson agreement is concluded at the moment the booking is accepted by the Platform's system (the on-screen confirmation after clicking the booking button or after accepting a Lesson invitation). The same moment starts the running of the withdrawal period (§ 10).

7.2. Button with an obligation to pay. Every click that creates an obligation to pay on your side (or on the Guardian's side) is marked with an unambiguous label "order with obligation to pay" or an equivalent one. This also applies to bookings with deferred payment (after the Lesson) under both settlement methods.

7.3. Confirmation on a durable medium. Immediately after the contract is concluded, we send you (and, for a Student aged 13–17, the Guardian) an e-mail confirmation. It contains:

  • the type of the Lesson,
  • the Tutor (first and last name or display name; for a Student aged 13–17 — also the child as the participant),
  • the date and time of the Lesson,
  • a link to the Lesson in the application,
  • in the confirmation for the Guardian — the version numbers of the documents accepted at booking.

The remaining elements of the contract — the Tutor's status (§ 5.2), the total price and the currency, the method and deadline of payment, and the content of the accepted Cancellation Policy — are available in the application in the Lesson details and in the documents published on ximly.app (Document D5 § 5.3). The information on the right of withdrawal together with the model form (Document D10) is published on ximly.app; the Platform does not currently attach it to the confirmation, which does not shorten your withdrawal period (§ 10.1).

We send the confirmation regardless of the operation of calendar integrations and other technical events. If the confirmation does not reach you, the consequences of this fall on the Platform, not on you.

7.4. The booking terms are binding. The booking terms (price, date) and the versions of the documents accepted at booking — visible in the Lesson details in the application — are binding for the settlement of that Lesson; later changes to the documents do not operate retroactively (§ 15.6).

§ 8. Payments — two settlement methods

8.1. Choice of settlement method. The settlement method for a Learning Space is set by the Tutor from among the two made available by the Platform: Card Payments via the Platform (§ 8.2) or Direct Payments to the Tutor (§ 8.3). Before booking you always see which method applies and what the price is.

8.2. Card Payments via the Platform.

  • (a) Payments are handled by Stripe (definition: § 1.2). The payment is collected from your card directly into the Tutor's Stripe account; Ximly does not accept, hold or transfer your funds.
  • (b) On your card statement the transaction is described with the name of the Tutor (of the Learning Space) with the suffix "…VIA XIMLY" — the seller is the Tutor, and the suffix indicates that the transaction was arranged through the Platform.
  • (c) Moment of payment: the obligation is discharged at the moment Stripe confirms the payment. From that moment you are released from the debt owed to the Tutor with respect to the paid Lessons — even where the settlements between the Tutor and Stripe are still in progress.
  • (d) Refunds under this settlement method are made to the payment instrument used to pay, under the rules of the Cancellation Policy (Document D4).
  • (e) Deferred payment (after the Lesson) within a Payment Group is always free of charge — the Platform charges no interest, fees or commission for the deferral (it is not consumer credit).

8.3. Direct Payments to the Tutor.

  • (a) You pay the Tutor directly, in the manner agreed with the Tutor outside the Platform (e.g. a bank transfer). Ximly does not participate in the flow of funds, does not verify payment and only keeps a record of the amounts due and payment deadlines.
  • (b) After making the payment you upload a proof of payment on the Platform. Uploading the proof is your declaration to the Tutor that payment has been made; it is not a confirmation by Ximly. The proof of payment is stored privately and is visible exclusively to the parties to the settlement and to Platform support.
  • (c) The Tutor confirms or disputes receipt of the payment. The Tutor reviews a proof of payment without undue delay; until the review, you do not bear the consequences of a delay in the payment covered by that proof, and uploading the proof lifts the block on new bookings (§ 13.2(c)). The Platform sets no automatic time limit for reviewing a proof of payment; a separate time limit for the Tutor's decision with an automatic effect in your favour applies exclusively to the decision on a late Lesson cancellation and is set out in Document D4 § 6.4 (the numerical value exclusively there). Disputing a payment is subject to the rules of § 13 (including the right of appeal).
  • (d) The protection measures under this settlement method are limited to what the Platform actually controls: the records, statuses, deadlines and resolutions described in § 12–13; the Platform cannot execute a refund of funds it never held — the refund is made by the Tutor.

8.4. Payment Groups and periods.

  • (a) The Tutor sets the settlement cycle for a Learning Space: individually (per Lesson), weekly, bi-weekly, monthly or upfront (prepayment). You see the cycle and the next payment deadline before booking and in your panel.
  • (b) Amounts due for Lessons in a given period are combined into one Payment Group with one payment deadline: the end of the settlement period plus a 3-day grace period (additional days added to the payment deadline).
  • (c) A Payment Group is indivisible: you pay it with a single payment in full; the Platform does not accept partial payments for a Payment Group.
  • (d) A change of the settlement cycle by the Tutor. A change of the cycle closes the current settlement period of the Payment Groups run under the previous cycle: the amounts for Lessons already delivered in that period become due with a new, short payment deadline, and future amounts are grouped according to the new cycle. You see the new payment deadline in the panel.
  • (e) Cancellations and refunds within Payment Groups are settled in accordance with Document D4; corrections of amounts due are always added as separate correcting entries (never by overwriting the original amount), so the settlement history is fully reconstructible.

8.5. Additional charges issued by the Tutor. The Tutor may issue you an additional charge on the Platform (e.g. for agreed materials) with a description, an amount and a currency; you see it in the payments panel (for a Student aged 13–17, the Guardian sees it as the payer). On the card rail you pay it through the payment page in the same way as Lessons; on the direct rail you settle it with the Tutor outside the Platform (§ 8.3). If you dispute the charge (e.g. you did not agree to such a service), report it to Platform support (§ 18.2) — a disputed charge is not collected by Ximly, and the dispute is resolved by Platform support.

8.6. Moment of payment collection (before or after the Lesson). The Tutor also sets whether payment for Lessons is required before the Lesson (prepayment) or after the Lesson (deferred payment within a Payment Group). You see the applicable variant before booking. With prepayment, the Lesson goes ahead once it has been paid for; with deferred payment, the Lesson takes place before payment, and the amount becomes due (i.e. must be paid) by the deadline under § 8.4.

8.7. Hold on funds after the Lesson (card rail). On the card rail, the funds collected for a Lesson remain held in the Tutor's Stripe account until the end of the post-Lesson payout hold window (window parameters — Document D4 § 10); filing a complaint extends the hold until its resolution. The hold serves to secure your potential refunds; its maximum duration is determined by the parameters of the reserve maintained by Stripe (numerical value — Document D2-P § 5.1). The consequences of that maximum elapsing for an unresolved complaint are described in § 12.6 and in Document D4 § 10.7.

8.8. Payment outside the indicated method. If you pay the Tutor in a manner other than the one provided for the Learning Space, the payment remains effective between you and the Tutor; the Platform may simply not have it recorded — in that case use the proof-of-payment path (§ 8.3(b)) or report the matter to Platform support (§ 12). Provisions declaring another form of payment "ineffective" do not apply.

8.9. Tutor's disconnection from card settlements. If the Tutor loses the ability to accept card settlements (e.g. disconnects their Stripe account), you do not lose your refund entitlements: refunds not yet made go to manual settlement by Platform support, of which we inform you. Disconnecting the account does not release the Tutor from the refund obligation and does not limit our liability under § 14.2. We settle the refund within 14 days of determining that it cannot be made to the previous payment instrument, and we inform you of the manner in which it will be made.

§ 9. Prices, currencies and conversions

9.1. Lesson price. The Lesson price is set by the Tutor; you always see it before booking, together with the currency and the duration. The price for Lessons of non-standard length follows from the Tutor's rate indicated at booking.

9.2. Minimum price and free Lessons. The price of a Lesson you book on your own initiative may not be lower than the minimum price — its amount is set in Document D2 § 6.1, and the system raises a lower price to the minimum. A free Lesson is possible exclusively at the Tutor's invitation.

9.3. Currencies. The Platform supports settlements in the following currencies: USD, EUR, GBP, PLN. The settlement currency of a Learning Space is set by the Tutor; you do not choose it yourself, but you always see it before booking.

9.4. Exchange rates. For conversions between currencies we use rates from an external exchange-rate service (exchangerate.host), determined against the US dollar (USD) as at the conversion date. We preserve the rate used for a settlement and show it to you at the settlement together with the date it comes from. If the exchange-rate service is unavailable, we reserve the right to apply a fallback set of rates.

9.5. The visible price = the total price, with one caveat. The price shown before booking is the total price of the Lesson: the Platform does not add any fees, commissions or surcharges for using a card (a prohibition on card payment surcharges — the Stripe fees are borne by the Tutor). The caveat: a combined payment for a Payment Group on the card rail is collected in USD after the conversion described in § 9.4 — if your card is denominated in another currency, your bank may apply its own currency conversion. We show you the USD amount together with the rate used before you proceed to payment.

9.6. The detailed rules on settlements, refunds and deductions upon cancellation are set out exclusively in Document D4; these Terms do not repeat the thresholds or amounts stated there.

§ 10. Right of withdrawal from the contract

10.1. As a consumer you have the right to withdraw from a Lesson agreement without giving a reason, within the statutory period counted from its conclusion. The length of the period, how it runs and the full information on the right of withdrawal — including the consequences of requesting performance of the service before the period expires and the moment the right is lost — are contained in Document D10 (the Withdrawal Notice; the numbers exclusively there), published on ximly.app; the Platform does not currently deliver it at booking, which does not shorten your statutory period (Document D10 § 8.2). The model withdrawal form is contained in Annex Z1.

10.2. In the target state, if you want the Lesson to take place before the withdrawal period expires, you will make, at booking, an express request for the performance to begin before the expiry of the period, and lose the right of withdrawal only upon full performance of the Lesson, of which you will be informed. At present the Platform does not collect such a request at booking, which is why the right of withdrawal does not expire upon the performance of the Lesson (Document D10 § 5 and § 8.3). A Lesson not yet performed remains covered by the right of withdrawal regardless of the cancellation thresholds.

10.3. Withdrawal within the period and before the Lesson is performed means a refund of 100% of the price — the deduction thresholds of the Cancellation Policy (Document D4) do not apply in that case. The settlement of a partially performed service and the relationship between the right of withdrawal and the contractual cancellation rules are described in Document D4 (the chapter on the relationship to statutory law); cases requiring individual assessment (e.g. partial performance of a Lesson, no notice delivered) are handled by Platform support with your statutory rights preserved. Withdrawal from a Lesson with several participants is declared in the same way as from a Lesson with a single Student, with the effect described in Document D10 § 8.1.

10.4. You exercise the right of withdrawal from a Lesson agreement against the Tutor as the service provider; you make the declaration by e-mail to support@ximly.app or by post (the manner — Document D10 § 4; the withdrawal button in the Lesson panel is not currently available), and the Platform handles the settlement of the refund in accordance with § 8. Withdrawal from the digital service contract with Ximly is described in § 15.8 (termination) — the Ximly service is free of charge, so it involves no monetary settlements.

§ 11. Reviews of Tutors

11.1. Who may post a review. A review of a Tutor may be posted exclusively by a Student who has had at least one completed Lesson with that Tutor. Thanks to this, every review comes from a verified class participant. We state this rule and the manner of its verification alongside the displayed reviews.

11.2. One review per 30 days. You may post no more than one review of a given Tutor within a 30-day period. We apply no other limits.

11.3. Publication without prior moderation. Reviews are published automatically, without prior moderation by Ximly. We do not verify the content of reviews before publication; the author bears responsibility for the content. The rules for reporting reviews that are unlawful or violate the rules, for their removal and for the Tutor's right of reply are set out in Document D6.

11.4. Author attribution. A review is published with an indication of its author. A review by an author who was under 18 at the moment of posting it is published with the first name only (without the surname and without its initial) and with a neutral avatar (without a likeness and without elements derived from the author's account data or identifiers). The manner of attribution is determined by the author's age at the moment of posting the review; later turning 18 does not change it.

11.5. Deleting your own review. The Platform does not provide a feature for deleting your own review yourself. If you wish to delete or correct your own review, report it to Platform support (§ 18.2).

§ 12. Complaints

12.1. Three complaint channels. You may file:

  • (a) a Lesson complaint — where a Lesson did not take place or was performed improperly; the procedure, the time window and the financial consequences are set out in Document D4 (the chapter on Lesson complaints); the complaint is resolved by Ximly, and under Card Payments via the Platform Ximly also executes the resulting movements of funds (§ 2.2, § 12.8);
  • (b) a Platform service complaint — where the Ximly digital service (account, bookings, messenger, virtual classroom, settlements) is not in conformity with the contract (§ 14);
  • (c) a technical report — failures and errors that are not a complaint.

12.2. Form and content. You file a complaint via the Lesson panel (channel (a)) or via the contact channels of § 18 ((b)–(c)). A description of the problem and of your expectations is enough — with no formal requirements and no rigid deadline after which the complaint lapses. The post-Lesson payout hold window (parameters: Document D4 § 10) is not a deadline for filing a Lesson complaint: within that window you file the complaint via the Lesson panel and the funds remain held until resolution, and after it elapses the complaint is received by the support team — without a hold on funds, and an upheld complaint is settled by a refund whose cost we recover from the Tutor.

12.3. Response deadline. We respond to a complaint within 14 calendar days of receiving it. If we do not respond within that period, the complaint is deemed upheld (Article 7a of the Polish Consumer Rights Act). This period is a deadline owed to you, not an internal support target, and it runs from the day the complaint is received regardless of the channel through which you filed it.

12.4. A decision with reasons. Every complaint is resolved by a human — a member of Platform support whose decision is attributed to a specific operator. You see the outcome of the complaint in the Lesson details (§ 12.9); we also inform you of the outcome by a notification. If you disagree with the resolution, you may contact Platform support again (§ 18.2) with a request to reconsider the matter; independently of that, you may use out-of-court dispute resolution (§ 17) or go to court (§ 16). The resolution of a complaint does not close your path to asking questions about it.

12.5. Guardian's rights. The Guardian may file and conduct a complaint concerning the child's Lesson, and appeals in payment matters — just as an adult Student may conduct them — from the Guardian's own account and without acting through the child.

12.6. No resolution by silence to your detriment. The absence of a Ximly decision on a complaint never operates to your detriment: after the deadline of § 12.3 the complaint is deemed upheld, and the held funds are refunded in the full amount of the price of the Lesson the complaint concerned (§ 12.8). A complaint that remains unresolved is taken over for decision by a human from Platform support — with adequate lead time before the maximum funds-hold period elapses (§ 8.7). The elapse of that period causes neither an automatic release of the funds to the Tutor nor any other resolution to your detriment.

12.7. Complaints and statutory rights. Using the complaint procedure on the Platform does not limit your statutory rights (statutory warranty (rękojmia)/conformity of the digital service with the contract, the right of withdrawal) or your right to a chargeback with the issuer of your card. You do not have to exhaust the complaint path in order to pursue claims.

12.8. Remedies according to the settlement method. On the card rail, upholding a Lesson complaint means a refund of 100% to the payment instrument; the complaint path provides no partial refunds, and a statutory price-reduction request is handled individually by the support team (Document D4 § 10). On the direct rail, the resolution of the complaint binds the parties as to the status of the amount due recorded on the Platform (including the cancellation of the debt); the execution of the monetary refund rests with the Tutor (§ 8.3(d)); the resolution of the complaint itself and the recording of its outcome on the Platform require no flow of funds through the Platform.

12.9. What you see in the panel. The status of a Lesson complaint (filed / resolved together with the outcome) is visible in the Lesson details on the Platform; there we also show the deadline until which the payout hold window runs (§ 12.2) — with the date, the time and the time zone, not a mere countdown.

12.10. Confidentiality of complaint content. The Tutor does not receive access to the full content of your complaint; we convey to the Tutor the essence of the allegation to the extent necessary to take a position. The details of the two-channel flow and of what the other party sees are disclosed in Document D4 and (for the Tutor) in Document D2.

§ 13. Arrears, Warnings, blocks and appeals

13.1. Catalogue of measures. The Platform applies exclusively the following payment-related measures: payment reminders, a temporary block on making new bookings, a Warning (definition: § 1.2) and a permanent booking block. We do not apply measures not listed in this section; no measure deprives you of access to your account, history, documents, complaints or data export.

13.2. The ladder for arrears. Where a Payment Group is not paid by the deadline (§ 8.4(b)): (a) we send reminders; (b) after 14 days from the deadline we block new bookings with all Tutors until the arrears are paid (existing Lessons, communication and the account operate unchanged); (c) uploading a proof of payment on the direct rail lifts the block until the Tutor's decision (optimistic unblocking).

13.3. Warning. You receive a Warning exclusively where the Tutor disputes your proof of payment in aggravating circumstances (an earlier disputed confirmation, an overdue Payment Group, or an already active Warning); the first, "mild" dispute does not result in a Warning. A Warning is combined with an immediate block on new bookings.

13.4. Appeal. You are entitled to appeal against a Warning within 14 days of its imposition, filed on the Platform. While the appeal is being considered, the Warning is frozen (it does not count towards the threshold of § 13.5, and a block resulting solely from the disputed event is not enforced). Paying the arrears the Warning concerned lifts it automatically. We consider the appeal within 14 days of receiving it; the absence of a resolution within that period means the appeal is upheld and the Warning, together with the block resulting from it, is revoked.

13.5. Permanent booking block. With 3 active Warnings, the ability to make bookings is blocked permanently; the block may be lifted exclusively by Platform support after the matter has been clarified. We do not promise automatic "account restoration within 7 business days" or similar timelines — such mechanisms do not exist.

13.6. Information on the decision. We inform you of the imposition of a Warning or a block and of the outcome of an appeal; you see the outcome of the appeal, together with any comment of the person who resolved it, on the Platform in the appeal details. If you disagree with the outcome, you may contact Platform support again (§ 18.2).

13.7. Minors. For a Student aged 13–17 the debtor is the Guardian (§ 4.4): reminders, Warnings and blocks concern the Guardian's account as the payer; the child's account may be limited only operationally (no possibility of new bookings until the Guardian settles the arrears). We notify the Guardian of the measures concerning the child's Lessons.

13.8. Proportionality. We apply the measures in order from the mildest (reminder → block on new bookings → Warning → permanent block) and only to the extent necessary; no measure deprives you of paid Lessons or creates additional charges.

§ 14. Liability and conformity of the digital service with the contract

14.1. Our liability for the digital service. We are liable for the conformity of the Ximly digital service with the contract under the rules of Chapter 5b of the Polish Consumer Rights Act. If the service operates in a manner not in conformity with the contract, you may demand that we bring it into conformity; if we fail to do so or it is impossible — you may withdraw from the contract. (The statutory price-reduction remedy has no practical application here, because the service is free of charge.) Within the period provided for by statute, it is we who must prove that the service was in conformity with the contract — not you that it was not. We supply the service in its current version and inform you of the updates necessary to maintain conformity.

14.2. Liability for our own decisions. We are liable for our own decisions executed within the Platform: the application of the thresholds of Document D4, complaint resolutions, the measures imposed under § 13 and the execution of refunds on the card rail. This liability is not limited to "credits", points or other substitute means.

14.3. Tutor's liability. The Tutor, as the party to the Lesson agreement, is responsible for the performance and quality of the Lesson (Document D5). Ximly is not responsible for the teaching content, the qualifications or the conduct of the Tutor, subject to Ximly's own obligations under § 12 and Documents D6/D8.

14.4. Limits of exclusions. No provision of these Terms excludes or limits liability that cannot be excluded towards a consumer (including damage caused intentionally and statutory liability for the conformity of the service with the contract). We are not liable for unavailability of the Platform resulting from causes beyond our control (force majeure, failures of connectivity providers), to the extent permitted by law.

§ 15. Amendments to the Terms and the consequences of non-acceptance

15.1. Important reasons for amendments. We may amend the Terms exclusively for important reasons: (a) a change in the law or in its interpretation; (b) the implementation of a decision of an authority or a court ruling; (c) a change, addition or withdrawal of Platform functionality; (d) a change in the settlement rules or in the providers of services necessary for providing the service; (e) security considerations or the prevention of abuse; (f) the correction of obvious errors. An amendment is made to the extent required by its reason; outside this catalogue we do not amend the Terms.

15.2. Advance notice. We notify you of every amendment at least 7 days before it takes effect — by e-mail and by an announcement on the Platform — indicating the content of the new version, its effective date and the reason. For materially disadvantageous changes we apply a longer notice period — 14 days. A new version cannot take effect earlier than upon the expiry of the announced period.

15.3. An honest description of the acceptance gate. After a new version takes effect, using the Platform's features requires accepting it (the "gate"). Until acceptance, at least the following remain available: logging out, reading the documents and accepting them, viewing the account status (session data), requesting deletion of the data and the account, data export, the child account activation path (the Guardian invitation, the Guardian's first login), termination of the contract (§ 15.8), the legal protection measures listed in § 15.4 and — on the Tutors' side — payouts of accumulated funds. The remaining features are suspended until acceptance.

15.4. Legal protection measures above the gate. Regardless of the gate, you retain the ability to: cancel Lessons and preview the effects of a cancellation, file and conduct complaints, file an appeal (§ 13.4) and confirm refunds. The acceptance gate never takes any of these four abilities away from you.

15.5. Suspension of deadlines. If — contrary to § 15.4 — the gate prevents you from performing an action for which you have a deadline (a cancellation, a complaint, an appeal, a refund confirmation, a response to a change of a Lesson's date), the time for that action is suspended. After unblocking, you always have at least 3 days for it. This rule operates in the event of a failure or another technical obstacle on our side — it does not replace the obligation under § 15.4.

15.6. No retroactivity. A new version of the Terms and of the related documents does not operate retroactively: Lessons booked and consents granted under the rules of an earlier version are settled according to the version accepted at booking (§ 7.4).

15.7. Registration within the notice window. If you create an account in the period between the announcement and the entry into force of a new version, we inform you of the upcoming version at registration; it binds you from its effective date.

15.8. Right of termination. You may terminate the contract with Ximly at any time — in particular instead of accepting a new version of the Terms. Upon your notice (termination or an account deletion request) we carry out an orderly wind-down: paid Lessons take place or are refunded in accordance with the Cancellation Policy, open refunds and complaints are completed, and before the account is deleted you may export your data. If you do not wish to accept a new version of the Terms, you may decline to accept it and file an account deletion request — this path remains available also while the acceptance gate is active (§ 15.3); the mere absence of acceptance is not recorded as a termination. Termination does not affect concluded Lesson agreements or the rights arising from them.

15.9. Minors. We also notify the Guardian of changes relevant to Students aged 13–17 (it is the Guardian who accepts the new version — § 4.7).

§ 16. Governing law and courts

16.1. The contract is governed by Polish law. The choice of law does not deprive you of the protection afforded to you by the mandatory provisions of the state of your habitual residence (Article 6(2) of the Rome I Regulation).

16.2. Disputes are resolved by the court having jurisdiction under the general rules — the Terms do not impose the court of Ximly's seat. As a consumer you may sue and be sued before the court having jurisdiction for your place of residence, in accordance with the applicable provisions (including the Brussels I bis Regulation).

16.3. No language version of the Terms takes precedence against a consumer (§ 1.3).

§ 17. Out-of-court dispute resolution (ADR)

17.1. Ximly does not undertake to use out-of-court resolution of consumer disputes. This in no way limits your entitlements indicated in § 17.2 or your right to take the matter to court.

17.2. Regardless of the decision of § 17.1, you may, free of charge, seek the assistance of: the municipal or district consumer ombudsman (miejski lub powiatowy rzecznik konsumentów), the voivodeship inspectorates of the Trade Inspection (Inspekcja Handlowa) and — in cross-border disputes — the European Consumer Centre (ECC Poland).

17.3. The Terms contain no reference to the European ODR platform — that platform has been discontinued (Regulation (EU) 2024/3228, switch-off on 20 July 2025). We do not provide a link to it, because it no longer exists.

§ 18. Contact and company details

18.1. Company details (Article 206 § 1 of the Polish Commercial Companies Code (Kodeks spółek handlowych)): Ximly spółka z ograniczoną odpowiedzialnością (limited liability company) with its registered office in Kraków; address: ul. Zamknięta 10/1.5, 30-554 Kraków; entered in the register of entrepreneurs of the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, XI Commercial Division (XI Wydział Gospodarczy) of the National Court Register, KRS 0001152079, NIP 6793320888; share capital: PLN 5,000.00.

18.2. Contact for users (including the point of contact for recipients of the service — DSA Article 12): e-mail: support@ximly.app, telephone: +48 455 573 801 (details of the DSA contact points — Document D6 § 6). Communication is possible in Polish and in English.

18.3. Specific risks of a service provided by electronic means (Article 6 of the Polish Act on Providing Services by Electronic Means (ustawa o świadczeniu usług drogą elektroniczną)): malicious software, phishing (impersonating the Platform), account takeover where the e-mail mailbox is poorly secured. Ximly never asks for a password by e-mail; we recommend keeping software up to date and protecting the mailbox to which you receive login codes.

§ 19. User content and intellectual property

19.1. Your content remains yours. You retain all rights to the content you place on the Platform (messages, files, whiteboard records, reviews, your own materials).

19.2. Licence for Ximly. You grant Ximly a non-exclusive, royalty-free licence, for the time of your use of the Platform (plus the retention period under Document D3), covering exclusively the fields of exploitation necessary to provide the service: technical reproduction (saving, backup copies), storage, technical processing (recompression, thumbnails, previews), making available to the authorized participants of a Learning Space and display in the interface. The licence does not cover marketing purposes or the transfer of content to third parties outside the scope of the service.

19.3. Minors. For a Student aged 13–17 the licence is granted on the Student's behalf by the Guardian (§ 4.7) — as part of accepting the documents for the child; the fallback basis remains the scope necessary for the performance of the contract concluded by the Guardian.

19.4. Likeness. By placing on the Platform a profile photo or other materials containing your likeness, you permit their display within the Platform in accordance with the visibility settings. You may revoke the permission by deleting the material; the revocation operates prospectively — we remove the material from the Platform, while the technical copies (backup copies) expire in accordance with the retention schedule (Document D3).

19.5. Ximly's property. The Platform (the software, interfaces, trademarks, databases, starter content) remains the property of Ximly or of its licensors. You receive a non-exclusive, non-transferable licence to use the Platform in accordance with the Terms for the duration of the contract; copying, distribution and decompilation beyond the limits of permitted use are prohibited.

19.6. Suggestions. If you provide us with ideas or suggestions concerning the Platform, we may use them without remuneration and without an obligation to implement them; this does not apply to your content under § 19.1.

19.7. The rules concerning prohibited content, third-party materials used during Lessons and the reporting of infringements are set out in Document D6.

§ 20. Future features and artificial intelligence

20.1. The Platform does not use artificial intelligence systems today towards Students or Guardians: we do not carry out AI profiling, we do not generate AI assessments or recommendations, and we do not process Lesson content with AI models. The Terms do not contain and will not contain "AI consents" granted in advance.

20.2. If we introduce AI-based features: (a) we will inform you of this in advance under the procedure of § 15; (b) where the law so requires, we will collect a separate, voluntary consent before covering you with such a feature; (c) the feature will be labelled in the interface. We undertake not to deploy: emotion recognition systems or the profiling of minors for commercial purposes.