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Terms Of Service

The Polish version of these regulations is the original and legally binding version.

Preliminary Provisions

§1. Definitions

  1. 1. Ximly Platform - a website and/or mobile application provided by Ximly sp. z o.o., enabling Users to, in particular: create and manage accounts, establish contact between Students and/or their Parents/Legal Guardians and Tutors, book lessons, and use other organizational and educational functionalities. The Platform operates as a marketplace, providing only the technical resources necessary for Tutors to provide their services, with access during the test period being by invitation from the Administrator only and may include a limited range of functionalities.
  2. 2. Ximly sp. z o.o. - Administrator/Service Provider, being Ximly Spółka z ograniczoną odpowiedzialnością with its registered office in Krakow (30-554) at Zamknięta 10 lok. 1.5. KRS: 0001152079, NIP: 6793320888, REGON: 54074383. Contact: e-mail (support): support@ximly.app; e-mail (legal claims and other legal matters): legal@ximly.app.
  3. 3. Person - a consumer or a natural person, or a legal person, or an organizational unit with legal capacity.
  4. 4. User - a natural or legal person holding an account on the Platform or using its functionalities, including in particular as a Student, Parent/Legal Guardian, Tutor or Tester using the Platform during the test period.
  5. 5. Student - a person using the Ximly Platform entering into Agreements with a Tutor via the Reservation System and using the Ximly Platform, which enables video conferencing with a Tutor.
  6. 6. Parent/Legal Guardian - a person having parental authority or legal guardianship over a Student, who registers and manages the Student's account in a situation where the Student is under 16 years of age, and consents to their use of the Platform. The Parent/Legal Guardian may also independently book lessons and receive information regarding the Student's activity on the Platform.
  7. 7. Tutor - a natural person using the Ximly Platform to offer and conduct paid educational services for Students. A Tutor may apply for the "Verified Tutor" status on the terms set out in the Regulations, by submitting documents confirming their qualifications to Ximly sp. z o.o.
  8. 8. Lessons/Paid educational services - a unit of didactic classes conducted for a fee by Tutors of an unspecified length determined each time by the Tutor as part of the offer of paid educational services posted on the Ximly Platform.
  9. 9. Subject - a lesson/paid educational service determined each time by the Tutor with a teaching level determined by the Tutor.
  10. 10. Lesson Slot/Booking System - a time slot made available by the Tutor, which can be booked by the Student within the booking system made available by the Ximly Platform.
  11. 11. Learning Space - a dedicated environment within the Ximly Platform, where the Student and Tutor can collaborate to carry out lessons. The Student's access to the Learning Space takes place exclusively after receiving an invitation from the Tutor and enables the use of Ximly Platform functionalities necessary to conduct lessons, including video conferencing, sending educational materials, and managing bookings.
  12. 12. Booking - a binding confirmation for the parties (Tutor – Student; Parent/Legal Guardian) of using the Tutor's Service in a selected lesson slot for the indicated Subject and Teaching Level.
  13. 13. Lesson Credit - a settlement unit constituting a digital service, not exchangeable for cash, assigned to the Tutor's account, used exclusively within lesson bookings.
  14. 14. Update - making changes to the Ximly Platform aimed at improving the services provided by Ximly sp. z o.o.
  15. 15. Price - a specified amount of money for a given service/lesson slot/lesson offered by the Tutor.
  16. 16. User Account Block - an action consisting in preventing the User from using the Ximly Platform in cases specified in these Regulations.
  17. 17. Login - an individual and unique designation of Ximly Platform Users.
  18. 18. Verification Code - a string of characters used to secure the User's access to the Ximly Platform sent each time to the User at the e-mail address provided during registration, used in particular in the identity verification process or account access recovery.
  19. 19. Password - a confidential string of characters set by the User during the Account registration process (in the case of registration via an e-mail form), used to authenticate the User on the Platform. The password is stored exclusively by the external Authentication Provider (WorkOS) in encrypted form (hash) and is not available to the Administrator or third parties in plain text.
  20. 20. Google Login / SSO - a User authentication process using an external identity provider (Google), carried out via the WorkOS infrastructure, not requiring a separate password to be set directly on the Platform. Login takes place on the basis of data (e-mail address, first name, last name) provided by the external operator.
  21. 21. Authentication Provider (WorkOS) - an external entity (WorkOS, Inc. based in the USA) providing services to the Administrator in the field of login infrastructure, User identity management, and handling authentication processes (including Single Sign-On and password handling).
  22. 22. Regulations - these regulations.
  23. 23. Privacy Policy - a document being an integral part of the Regulations, specifying detailed rules and legal bases for processing Users' personal data, including in particular: identification data, conversation content, lesson recordings, data concerning minor Students, as well as Users' rights resulting from the GDPR.
  24. 24. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
  25. 25. Service - whenever the term "Service" is used in the context of Ximly sp. z o.o.'s activity, it should be understood as a service provided electronically via the Ximly Platform, including in particular functionalities, mechanisms, and resources made available to Users within this Platform.

§2. General Provisions

  1. 1. The Regulations specify the rules for using the Ximly Platform, including the rights and obligations of the Parties, the scope of liability of the Parties and other essential conditions, the subject of which will include in particular enabling contact between Users within the Booking System/lesson slots.
  2. 2. Ximly sp. z o.o. provides services electronically via the Platform at app.ximly.app.
  3. 3. The Ximly Platform is a tool providing Users with organizational and lesson functions.
  4. 4. Using the Ximly Platform and the services provided by the Platform requires prior and detailed familiarization with the content of the Regulations, Privacy Policy and their acceptance. Lack of acceptance of the above-mentioned documents prevents the use of the Ximly Platform.
  5. 5. Ximly sp. z o.o. processes Users' personal data in accordance with applicable laws, including the GDPR. In the case of minor Users, data processing takes place with the consent of their parents or legal guardians.
  6. 6. The Agreement is concluded exclusively between the Tutor and the Student or Parent/Legal Guardian. Ximly sp. z o.o. does not conclude agreements with Students. Agreements between the Tutor and the Student or Parent/Legal Guardian are concluded by the Tutor after the prior booking of a lesson date by the Student or Parent/Legal Guardian. Ximly sp. z o.o. is not responsible for the quality of educational services provided by Tutors nor for any consequences resulting from improper performance of services by Tutors. All complaints related to the quality of services are directed directly to the Tutor.
  7. 7. Ximly sp. z o.o. informs that under the Agreement it only makes available the resources of its IT systems and solutions in order to enable Platform Users to use the Services offered by Tutors. Ximly sp. z o.o. does not provide any other services on its own behalf, nor is it a party to concluding any agreements, the subject of which may be in particular the provision of educational services to the Student. The Tutor is solely responsible for providing services to the Student.
  8. 8. Tutors conclude separate and each time individualized agreements with Students or Parents/Legal Guardians, for which these Regulations constitute an integral and inseparable part. In the event of a conflict between the Agreement and these Regulations, the provisions of the Regulations shall prevail.
  9. 9. It is forbidden for Users to provide content of an unlawful nature and for Users to use the Ximly Platform in a manner contrary to the law, good morals or infringing the personal rights of third parties.
  10. 10. The Administrator of the Ximly Platform is Ximly Spółka z ograniczoną odpowiedzialnością with its registered office in Krakow (30-554) at Zamknięta 10 lok. 1.5. registered in the Register of Entrepreneurs of the National Court Register by the District Court for Krakow-Śródmieście in Krakow, XI Economic Division of the National Court Register under KRS number: 0001152079, NIP: 6793320888, REGON: 54074383 represented by the President of the Management Board Krzysztof Czaicki, e-mail address: support@ximly.app, tel. 794 774 178.
  11. 11. Complaints and consumer matters should be directed to the e-mail address: legal@ximly.app, and technical support matters to support@ximly.app.
  12. 12. If Ximly sp. z o.o. appoints a Data Protection Officer, their contact details will be made available in the Privacy Policy.

Technical Aspects of Using the Ximly Platform

§3. Technical/Hardware Requirements

  1. 1. The User uses the Platform at their own risk and undertakes to ensure that their device, software, and internet connection meet the requirements specified in these Regulations.
  2. 2. Ximly sp. z o.o. is not responsible for technical problems arising from the User's hardware or software.
  3. 3. Using the Ximly Platform requires meeting the following minimum technical requirements necessary for the proper and uninterrupted use of the Ximly Platform:
    • a) A functional device enabling a constant connection to the Internet, equipped with a VIDEO camera and microphone - computer (Mac OS, Windows 10, Linux OS 2025), tablet (iPad OS 15, Android 10), smartphone (iOS 15, Android 10).
    • b) A stable internet connection with a minimum bandwidth of 30 Mbps.
    • c) An up-to-date and correctly configured web browser - Google Chrome, Mozilla Firefox, Opera, Safari, Microsoft Edge, and their mobile equivalents.
    • d) Other programs necessary for the proper conduct of classes (e.g., a program for handling PDF files).
    • e) Having an active e-mail account.
    • f) Enabled support for cookies.

§4. Using the Ximly Platform

  1. 1. To use the Platform, the User registers by filling out the registration form, then confirms their e-mail address and completes their profile data.
  2. 2. After creating an account, a Tutor can create an offer including, in particular: the subject of the classes, the price, the availability of time slots (lesson slots), and may also, at their own discretion, provide documents confirming their qualifications to obtain the status of 'Verified Tutor'.
  3. 3. The Student or their Parent/Legal Guardian searches for Tutors' offers, books a selected lesson slot, and confirms the booking through the Platform's system, and then participates in the lesson according to the established schedule.
  4. 4. The settlement of services between the Tutor and the Student is done externally, in the manner and form indicated by the Tutor after the lesson slot has been booked by the Student/Parent/Legal Guardian.
  5. 5. Within the Ximly Platform, it enables Users to:
    • a) familiarize themselves with all information available on the Platform concerning in particular the scope, conditions, and limitations of the Platform's availability by Ximly sp. z o.o.,
    • b) create, manage, and delete a User Account,
    • c) access a permanent database of Tutors,
    • d) conduct lessons using a modern Platform.
  6. 6. By accepting these Regulations, the User undertakes in particular to:
    • a) refrain from publishing content that is contrary to the law, offensive, untrue, immoral, violating social norms, or promoting violence or hatred,
    • b) not take actions aimed at disrupting the functioning of the Platform,
    • c) not take other actions that would be inconsistent with applicable law, good customs, or would violate the rights and personal interests of Ximly sp. z o.o. and third parties.
  7. 7. The User undertakes to use the content posted on the Platform solely for their own use and for the purposes for which it was intended.
  8. 8. In the event that a User, while using the Platform, violates the Regulations or applicable law, or otherwise acts to the detriment of Ximly sp. z o.o. and/or third parties, Ximly sp. z o.o. may deprive them of access to the Platform with immediate effect (user account block). The User will be promptly informed of the measures taken. Regaining access to the Platform requires the prior consent of Ximly sp. z o.o.
  9. 9. Ximly sp. z o.o. reserves the right to remove content published by Users that violates the Regulations, applicable law, personal rights of third parties, or social norms.
  10. 10. Ximly sp. z o.o. provides the Services uninterruptedly 7 days a week, subject to point 11 below.
  11. 11. Ximly sp. z o.o. reserves the right to temporarily suspend the provision of Services within the Platform in connection with the need to carry out maintenance or repair work, as well as in connection with the modernization or reconstruction of the Platform (update), or in random situations related to its failure. Ximly sp. z o.o. will make every effort to ensure that interruptions in the provision of Services are not burdensome for Users. Information about a planned temporary suspension of the Platform's operation will be sent to Users electronically to the e-mail address provided during registration.
  12. 12. Ximly sp. z o.o. is not liable for interruptions in the provision of Services or disruptions in access to the Platform caused by force majeure (fire, natural disasters, epidemic), failures of the User's equipment, interruptions in the supply of electricity or internet connectivity, unauthorized interference by Users or third parties, or the incorrect operation of telecommunications systems and software installed on the Users' computer equipment.
  13. 13. While using the Platform, the User has the right to use technical support regarding the use of the Platform's functionalities.
  14. 14. To use technical support, the User is obliged to send a report describing the type of irregularity or error in the Platform's operation to the e-mail address indicated by Ximly sp. z o.o.
  15. 15. Ximly sp. z o.o. provides a response to the report referred to in point 14 above, within a period not longer than 48 (forty-eight) working hours from its receipt.
  16. 16. In the event of an account block, the User may submit a request for the restoration of access, providing a justification to the e-mail address of Ximly sp. z o.o., which will consider the request within 7 working days.

§5. User Account

  1. 1. Registration and maintenance of a User Account are free of charge.
  2. 2. Registration of a User Account is possible only by filling out the registration form available on the Platform and providing data consistent with the actual state, including in particular: first name, last name, date of birth, e-mail address, and mobile phone number.
  3. 3. Providing untrue, incomplete, or outdated data, as referred to in point 2, constitutes a violation of these Regulations and entitles Ximly sp. z o.o. to immediately block or delete the User Account, without the right to any compensation claims on the part of the User.
  4. 4. Ximly sp. z o.o. is not liable for the consequences resulting from the User providing untrue, incomplete, or outdated data, including for damages caused to third parties, arising in connection with the use of an Account based on such data.
  5. 5. Registration of a Student who is under 16 years of age requires the creation of a Parent/Legal Guardian account and their consent to use the Platform.
  6. 6. Ximly sp. z o.o. reserves the right to verify the consent of the Parent/Legal Guardian through technical mechanisms (e.g., activation link, authorization code sent to the e-mail address).
  7. 7. Lack of consent from the Parent/Legal Guardian makes it impossible for the Student to use the Platform.
  8. 8. The conclusion of an agreement for the maintenance of the Account between the User and the Platform occurs upon its activation by the User, which takes place by clicking on the activation link sent by Ximly sp. z o.o. to the e-mail address provided by the User during the Account registration.
  9. 9. Logging into the Platform requires providing a login and password. The login is the User's e-mail address. The password is set by the User during the Account registration process.
  10. 10. The User undertakes to keep the information enabling access to the User Account confidential. To maintain login security, Ximly sp. z o.o. recommends changing the login password every 60 days. Ximly sp. z o.o. is not liable for the consequences of the User sharing the password with third parties.
  11. 11. The User Account is created for an indefinite period, and the User is entitled to delete the Account at any time without giving a reason. To do this, a request must be sent to the e-mail address of Ximly sp. z o.o.
  12. 12. The User undertakes not to disclose login data to third parties and to immediately inform Ximly sp. z o.o. in case of suspected unauthorized access to the account by sending a report to the e-mail address of Ximly sp. z o.o.
  13. 13. Ximly sp. z o.o. is entitled to block the Account in the situation referred to in Section 4, point 8 of the Regulations or delete the Account in the situation referred to in Section 4, point 9 of the Regulations.
  14. 14. Changing or recovering the password is possible through the recovery functions or by changing the password available in the User panel.
  15. 15. A person applying to create a User Account as a Tutor is required to have full legal capacity, which in particular means being 18 years of age at the time of registration.
  16. 16. Ximly sp. z o.o. is entitled to verify the Tutor's Account, and the verification procedure may be initiated only upon a prior, explicit request from the Tutor addressed to Ximly sp. z o.o. at the e-mail address. After successful verification, this fact will be indicated on the Tutor's Account.
  17. 17. Verification of the Tutor's Account may include checking identity documents, professional qualifications, and other information confirming the competence to provide educational services. Failure to provide the requested documents within 14 days of the request is grounds for suspending or deleting the Tutor's Account.
  18. 18. The verification process referred to in points 16-17 above takes place outside the Platform (e.g., via e-mail).
  19. 19. Ximly sp. z o.o. conducts the verification within 14 working days of receiving the complete documentation. The result of the verification (grant/refusal) will be sent to the e-mail address provided by the Tutor during registration.
  20. 20. Ximly sp. z o.o. conducts the verification at its own discretion and reserves the right to refuse or withdraw the Tutor's status in case of doubts as to the reliability of the data.
  21. 21. Granting the status of 'Verified Tutor' does not constitute a guarantee of the quality of educational services and does not transfer liability to Ximly sp. z o.o.

Using the Ximly Platform

§6. Using the Services

  1. 1. Using the Services offered on the Ximly Platform is possible after prior registration of a User Account on the Ximly Platform, acceptance of the Regulations and the Privacy Policy.
  2. 2. Registration of a User Account is free of charge.
  3. 3. Tutors may post advertisements after purchasing credits, the price list of which is available on the Platform, and access to it is enabled after creating a User account as a Tutor.
  4. 4. Lesson credits are a digital service provided by Ximly sp. z o.o. and are not exchangeable for cash or refundable. Credits cannot be transferred between User accounts unless applicable law expressly provides for such a possibility. During the test period, Ximly sp. z o.o. may grant Tutors free packages of test credits, which have no monetary value.
  5. 5. Credits are valid for the next 12 months from the date of their purchase, and their quantity is selected by the Tutor when placing an order for the Service.
  6. 6. Lesson credits are used at the moment a given Tutor is selected by the Student.
  7. 7. The Tutor is obliged to specify the subject, the amount, and their availability in the calendar for a maximum of 5 weeks in advance.
  8. 8. The Tutor is obliged to promptly update the availability of lesson slots and to notify Students of changes in the availability schedule.
  9. 9. The Tutor is obliged to provide a reliable and truthful description of the offer, indicating the price, duration of the lesson, scope of the material, and technical requirements.
  10. 10. The Tutor is responsible for a safe and lawful method of communication with the Student, as well as for observing the principles of personal data protection when contacting the Student, including full responsibility for the materials shared on the Ximly Platform.

§7. Test Period and Future Functionalities

  1. 1. From October 1, 2025, to March 31, 2026, the Ximly Platform operates in a test version (hereinafter referred to as the Test Period).
  2. 2. Access to the Ximly Platform during the Test Period is possible only by invitation from Ximly sp. z o.o. to a Tutor and by invitation from a Tutor to a Student.
  3. 3. During the Test Period, Tutors register a User account on the Ximly Platform after first receiving a verification code provided by the Ximly Platform.
  4. 4. During the Test Period, a Student may register a User account without receiving a verification code.
  5. 5. Receiving a verification code and registering a User account does not equal access to the full functionality of the Ximly Platform.
  6. 6. Access to the full functionality of the Ximly Platform is possible after receiving an invitation to the Teaching space from the given Tutor.
  7. 7. Tutors are not visible to Students on the Ximly Platform until the Tutor invites the Student to the Teaching space.
  8. 8. During the Test Period, the use of the Ximly Platform by Tutors and Students is free of charge. Tutors receive a pool of test credits specified by Ximly sp. z o.o., which do not constitute a means of payment, have no monetary value, and are not exchangeable or refundable.
  9. 9. Ximly sp. z o.o. reserves that the functionalities made available during the Test Period may change, and data may be used in particular for testing and development purposes of the Platform.
  10. 10. Ximly sp. z o.o. informs that the Platform is under continuous development, and the scope of its functionalities may be expanded. In particular, the following solutions may be introduced in the future:
    • a) the possibility of recording online lessons, including their recording and storage,
    • b) full marketplace functionality, enabling, among others, integrated online payments between Users,
    • c) additional tools to support Tutors, including tools based on artificial intelligence,
    • d) mechanisms for promoting Tutors' offers on the Platform,
    • e) other functionalities supporting the educational or organizational process.
  11. 11. The implementation of individual functionalities, as referred to in point 10 above, may be associated with an update of the Regulations and the Privacy Policy, in particular regarding the rules for providing services, settlements, personal data processing, and the rights and obligations of Users.
  12. 12. Ximly sp. z o.o. undertakes to inform Users about the introduction of new functionalities and related changes to the documents regulating the use of the Platform at least 7 days in advance by sending information about the planned introduction of changes to the Users' e-mail addresses.

§8. Payments, Refunds

  1. 1. Ximly sp. z o.o. is not a party to any agreements concluded between a Tutor and a Student or their Parent/Legal Guardian, in particular agreements concerning the provision of educational services or settlement activities, whether in cash or non-cash. Therefore, Ximly sp. z o.o. is not liable for the course, validity, or effects of these agreements, as well as for any payment obligations, disputes, or claims arising between Platform Users.
  2. 2. Payment for the lesson offered by the Tutor is made each time in the manner specified by the Tutor.
  3. 3. Ximly sp. z o.o. does not mediate in payments between the Student and the Tutor.
  4. 4. All financial settlements are made directly between the Tutor and the Student (or their Parent/Legal Guardian).
  5. 5. The Platform provides only organizational mechanisms that enable the booking of classes and the use of Lesson Credits.
  6. 6. The price of a selected lesson is set assuming it will last 60 minutes. Any change in the duration of the class (shortening/extending) will cause a proportional change for every 10 minutes.
  7. 7. The Tutor sets the price of the lesson, the subject, and the teaching level each time.
  8. 8. Lesson prices are presented in PLN (Polish Złoty) or another currency available in the given region.
  9. 9. The Tutor purchases a Lesson Credit by selecting its quantity and clicking the 'buy and pay' button.
  10. 10. Ximly sp. z o.o. enables payments for lesson credits exclusively via the Stripe platform, using the methods available therein, including, among others: payment by payment card, BLIK, or Przelewy24.
  11. 11. A payment made in a manner other than that described in point 10 above is deemed ineffective by Ximly sp. z o.o.
  12. 12. One lesson credit corresponds to 60 minutes of lesson time. When each full 60-minute unit begins, one lesson credit is deducted from the Tutor's account. Each additional 15 minutes of lesson time results in a proportional deduction of ¼ of a lesson credit from the Tutor's account.
  13. 13. The number of Lesson Credits is updated immediately after their purchase or use in connection with a lesson being booked by a Student/Parent/Legal Guardian or in other situations causing a change in their quantity.
  14. 14. The moment of payment and availability of the purchased Lesson Credits is the date the payment is credited to the bank account of Ximly sp. z o.o.
  15. 15. The costs associated with making the payment are borne by the Tutor each time.
  16. 16. Ximly sp. z o.o. will issue an invoice to the Tutor based on the data provided on the Platform. If the Tutor is a VAT payer, they should provide their NIP number during registration or in the order. The Service Provider will deliver the invoice to the Service Recipient at the e-mail address provided by them within 5 working days from the date of its issue.
  17. 17. The User agrees to receive invoices from Ximly sp. z o.o. electronically, in accordance with Article 106n(1) of the Act of March 11, 2004, on the tax on goods and services (Journal of Laws of 2025, item 775, 894, 896).
  18. 18. Any changes regarding the fees for Lesson Credits will be announced on the Platform by publishing the current prices for a given number of Lesson Credits.
  19. 19. Ximly sp. z o.o. indicates that it does not provide for the possibility of a refund for unused Lesson Credits by the Tutor.
  20. 20. If a Booking is canceled by the Student within the time set by the Tutor, the Student has the right to choose another suitable date or to cancel the lesson completely, in which case the Tutor will receive the full amount of Lesson Credits used by that Student.
  21. 21. In the case of a permanent block of a Tutor's account, Ximly sp. z o.o. will ensure the refund of unused Lesson Credits in accordance with the established rules.
  22. 22. If the Tutor finds that a student has chosen the wrong subject or teaching level, the Tutor may propose a change to the correct subject/teaching level, which will update the number of Lesson Credits used accordingly. This change, however, must be previously accepted by the Student/Parent/Legal Guardian on the Platform.

§9. Complaints

  1. 1. Ximly sp. z o.o., in the event of objections to the proper functioning of the Platform, allows for the submission of a complaint, as a result of which the Tutor may demand a refund of the Lesson Credits used during which the disruptions occurred.
  2. 2. Complaints regarding the operation of the Platform (technical failures, system errors) should be reported no later than within 3 days from the date the problem occurred to the e-mail address support@ximly.app, with evidence of the disruptions occurring due to the fault of Ximly sp. z o.o. Ximly sp. z o.o. will confirm receipt of the complaint within 48 hours and will process the complaint promptly, no later than within 14 working days from the date of receipt of the complete report, and its resolution will be sent to the Tutor electronically to the e-mail address provided during registration.
  3. 3. In the event of disruptions in the proper functioning of the Platform, the Tutor has the right to demand a refund for the Lesson Credits used, provided that the irregularities last longer than 3 working days.
  4. 4. The complaint report should include:
    • a) the login/e-mail address assigned to the Tutor
    • b) the subject of the complaint - an indication of the irregularities along with the date of their occurrence and duration,
    • c) all available evidence indicating the occurrence of irregularities in the functioning of the Platform,
    • d) the proposed method of resolving the complaint.
  5. 5. Ximly sp. z o.o. is not liable for indirect damages or lost profits resulting from the use or inability to use the Platform.
  6. 6. Ximly sp. z o.o. is not responsible for the quality of lessons provided by the Tutor. Complaints related to the quality of educational services (lesson content, teaching materials, teaching style) are directed first to the Tutor. The Student/Parent/Legal Guardian may simultaneously send a copy of the report to Ximly sp. z o.o. at the address legal@ximly.app. Ximly sp. z o.o. may apply sanctions against the Tutor after verifying the complaint report.
  7. 7. If Ximly sp. z o.o. finds irregularities in the conduct of classes by a given Tutor, Ximly sp. z o.o. will send them a notification with a request for an explanation by e-mail. If appropriate corrective actions are not taken, Ximly sp. z o.o. reserves the right to temporarily or permanently block the possibility of offering educational services on the Platform by the given Tutor.

§10. Lesson Recording

  1. 1. Recording lessons by the Tutor or the Student/Parent/Legal Guardian is allowed only with the prior express consent of all Users of the lesson to which the recording applies.
  2. 2. The purpose of recording lessons includes, in particular:
    • a) the possibility for the Student to listen to the lesson later and access the presentation,
    • b) analysis of the quality and development of the Platform,
    • c) development of tools supporting Tutors.
  3. 3. Recordings are stored for a period no longer than necessary to achieve the indicated purposes and are processed in accordance with applicable law, including the GDPR.
  4. 4. The User has the right to withdraw consent to the recording of lessons at any time, which results in the immediate cessation of recording and the deletion of all data that is not necessary for settlement or archiving purposes resulting from legal provisions.
  5. 5. Ximly sp. z o.o. reserves the right to record lessons and process their content with the prior consent of the Users for the purpose of developing and improving the Platform's functionality, including analyzing the quality of the services provided. The recordings will be stored only for the period necessary to achieve these purposes, after which they will be permanently deleted or anonymized.

§11. Conclusion of the Educational Services Agreement and Withdrawal from the Agreement

  1. 1. The agreement between the Tutor and the Student is concluded at the moment the Student makes a booking and it is confirmed by the Platform's system (booking confirmation sent by e-mail). The booking is binding on both parties, unless the Regulations state otherwise.
  2. 2. The User has the right to withdraw from a distance contract within 14 days from the date of conclusion of the contract, subject to Art. 38 of the Consumer Rights Act regarding services provided within a specified period (in particular: if the client agrees to the commencement of the service before the expiry of the 14-day period and confirms that they understand the loss of the right of withdrawal, the service may be performed).
  3. 3. Each party may terminate the agreement in accordance with the terms specified in the agreement concluded between the Tutor and the Student; moreover, Ximly sp. z o.o. reserves the right to block the account or remove the Tutor's offer in cases of violation of the Regulations.

§12. Final Provisions

  1. 1. The Regulations are available free of charge on the Platform for every User.
  2. 2. Users will be informed of any changes electronically at least 7 days in advance by sending information about the planned introduction of changes to the Users' e-mail addresses.
  3. 3. Details regarding the Platform's privacy policy can be found in the Privacy Policy document, which is an integral part of these Regulations.
  4. 4. Any disputes arising from these Regulations, Ximly sp. z o.o. will try to resolve amicably, and if an agreement cannot be reached, before the common court competent for the place of business of Ximly sp. z o.o.
  5. 5. If any provision of these Regulations is deemed invalid, ineffective, or abusive by a competent authority, the remaining provisions of the Regulations shall remain in full force and effect. In place of the provisions deemed invalid, ineffective, or abusive, the relevant provisions of generally applicable law shall apply, and if there are no such provisions, the provisions closest to the economic purpose and the intentions of the parties expressed in the Regulations shall apply.
  6. 6. The Regulations are effective for every registered User from October 1, 2025.