Useme Club Program Terms and Conditions

These Terms and Conditions set out the rules for Participation in the Useme Club Program and constitute an appendix to the Useme Terms and Conditions. Capitalized terms not defined in this Appendix have the meaning given to them in the main body of the Useme Terms and Conditions.

Article 1. Definitions
Article 2. General Provisions
Article 3. Conditions for the Automatic Grant and Maintenance of Basic Status
Article 4. Conditions for Obtaining Additional Status and Access to Benefits and Rewards
Article 5. Participant's Obligations
Article 6. Rights and Liability of the Organizer
Article 7. Benefits from External Providers
Article 8. Promotional Sale and Rewards
Article 9. Withdrawing from Status and from the Program
Article 10. Changes to the Terms and Conditions
Article 11. Personal Data
Article 12. Complaints
Article 13. Out-of-Court Methods of Handling Complaints
Article 14. Technical Requirements
Article 15. Final Provisions

Article 1. Definitions

Organizer / Administrator – Useme sp. z o.o., with its registered office at ul. Świdnicka 12-16, 50-068 Wrocław, Tax ID (NIP): 8992744965, entered in the Register of Entrepreneurs kept by the District Court for Wrocław-Fabryczna, 6th Commercial Division of the National Court Register (KRS), under number: 0000467478. The company's e-mail address is info@useme.com.
Useme Platform / Platform – an open online transaction platform operated by the Administrator, enabling the publication of Job Posts, the conclusion and settlement of Agreements for Jobs carried out through the Platform, communication between the parties to a transaction, and use of the other electronic services referred to in these Terms and Conditions. The Platform is available at Useme.com.
User / User of the Useme Platform – a natural person with full legal capacity or, with the consent of a legal representative holding full parental authority, a natural person with limited legal capacity, as well as a legal person or an organizational unit without legal personality, who has concluded an Agreement to use the electronic services provided by the Administrator through the Useme Platform, or who has added a Job Post without registering on the Platform.
Useme Club Program / Program – a service provided electronically by the Organizer within the meaning of Article 2(4) and Article 8 of the Polish Act of 18 July 2002 on the Provision of Services by Electronic Means, consisting of automatically granting Users who meet certain activity conditions the status of Participant in the Useme Club Program, entitling them to the benefits referred to in these Terms and Conditions and granted on the terms set out in these Terms and Conditions.
Program Participant / Participant – a User of the Useme Platform who, upon meeting the Basic Participation Conditions, has automatically been granted the Basic Status of Participant in the Useme Club Program.
Participation in the Useme Club Program / Program Participation – a User's standing within the Program, granted automatically once the requirements set out in these Terms and Conditions are met, determining the Participant's access to the benefits and functionalities set out in these Terms and Conditions. Participation Status is divided into:
1. Basic Status – entitling the holder to access the basic benefits (Materials);
2. Additional Status – entitling the holder to access the additional benefits (Benefits) and to be awarded a reward under the Useme Club Promotional Sale conducted by Useme.
Basic Participation Conditions – the criteria which, once met, result in a Participant automatically being granted Basic Participation Status in the Program.
Additional Participation Conditions – the criteria which, once met, entitle a Participant with Basic Status to obtain Additional Participation Status in the Program.
Useme Flex – the commission-based settlement model for Users on the Useme Platform.
Useme Comfort – the subscription-based settlement model for Users on the Useme Platform.
Useme Plus Program – a separate benefits program operated by the Organizer under the Useme Plus Program Terms and Conditions.
Useme Commission / Commission – the remuneration calculated and collected by the Organizer for settling a Job through the Platform. For the purposes of these Terms and Conditions, the Commission is deemed to accrue on the date the Employer accepts the work, on the terms set out in the Useme Terms and Conditions.
Materials, Benefits, and Rewards – the benefits made available to Participants under the Program:
1. Materials – these may include, among other things, training, educational, or promotional materials, as well as recordings of events or webinars run by the Organizer or its partners;
2. Benefits – non-wage benefits made available by external providers, in particular Benefit Systems S.A., including access to the "MultiSport" service and the "MyBenefit" system;
3. Rewards – benefits in the form of points on the MyBenefit platform, awarded under the Promotional Sale on the basis of the Useme Club Promotional Sale Terms and Conditions.
Useme Club Promotional Sale / Promotional Sale – a promotional campaign run by the Organizer under the Program, aimed at enhancing the appeal of and rewarding the purchase of the Organizer's own services by awarding the Rewards set out in these Terms and Conditions and the Useme Club Promotional Sale Terms and Conditions. The amount and rules for awarding Rewards depend on meeting the Additional Participation Conditions and on the amount of Commission accrued.
Useme Terms and Conditions – the general terms and conditions setting out the rules for using the Useme Platform, available at: https://help.useme.com/regulamin-serwisu-useme.
Account – an individual electronic record maintained for a User on the Useme Platform.

Article 2. General Provisions

These Terms and Conditions set out the rules governing the Useme Club Program, the conditions for automatically granting, maintaining, and losing Program Participation Status (Basic and Additional Status), the rules for granting access to Materials and Benefits, and the general rules for awarding Rewards.
The Organizer of the Program is Useme sp. z o.o., with its registered office in Wrocław.
These Terms and Conditions constitute terms and conditions for the provision of services by electronic means within the meaning of Article 8 of the Polish Act of 18 July 2002 on the Provision of Services by Electronic Means.
Subject to paragraph 6 below, Program Participation arises automatically once a User meets the Basic Participation Conditions, with no need to submit separate statements, applications, or forms.
The Program is run in the territory of the Republic of Poland and applies from the date these Terms and Conditions are published until the Program is ended by the Organizer, if that occurs.
Only Users with tax residency in the Republic of Poland who hold a freelancer-profile Account on the Platform may be Program Participants.
Communication with a Participant regarding the Program takes place via:
1. e-mails sent to the address linked to the User's Account on the Platform;
2. notices in the Account panel on the Useme Platform.
In matters not regulated by these Terms and Conditions, the Useme Terms and Conditions apply, and in matters relating to the awarding of Rewards under the Program, the Useme Club Promotional Sale Terms and Conditions apply.

Article 3. Conditions for the Automatic Grant and Maintenance of Basic Status

Basic Status in the Useme Club Program is granted to a User who is a Freelancer within the meaning of the Useme Terms and Conditions and who has tax residency in Poland, automatically as of the 1st day of the calendar month following the month in which the User met one of the following Basic Participation Conditions:
1. For Users on the Useme Flex commission model: the User settled Jobs on the Platform in 2 (two) consecutive calendar months, making at least one settlement in each month on which a Useme Commission was charged;
2. For Users on the Useme Comfort subscription model: the User successfully settled the Subscription Fee under the Useme Comfort Subscription for 2 consecutive calendar months;
3. For Users who are Useme Plus Program Participants: the User successfully paid the Useme Plus Program Participation Fee in the given calendar month.
The 2-month activity condition referred to in paragraph 1(a) and (b) is also considered met where the User, over 2 consecutive calendar months, combines different settlement models in one of the following ways:
1. Switching from Useme Flex to Useme Comfort / Useme Plus: in the first month the User settled a Job with a Useme Commission (under the Useme Flex model), and in the second calendar month activated and paid for a Useme Comfort Subscription or Useme Plus Program Participation.
2. Switching from Useme Comfort / Plus to Flex: in the first month the User held an active Useme Comfort Subscription or Useme Plus Program Participation, and in the second calendar month settled at least one Job with a Useme Commission (under the Useme Flex model).
The date on which the conditions in paragraph 1(b) and (c) are deemed met is the date the funds (as the Useme Comfort Subscription Fee or the Useme Plus Program Participation Fee) are credited to the Administrator's bank account. For the commission model (Useme Flex) referred to in paragraph 1(a), the date the conditions are met is the date the Employer accepts the work under a Job on the Useme Platform, on the terms set out in the Useme Terms and Conditions.
Holding Basic Status entitles the Participant to access training, educational, and promotional materials, including webinars and events, made available on the Platform under the "Useme Club" tab.
Access to the benefits under Basic Status is granted from the date it is awarded until the last day of the calendar month in which access was granted.
Basic Status referred to in paragraph 4 above may be granted for further calendar months, provided that in each such month the Participant:
1. settles at least one Job generating a Useme Commission (for the Useme Flex model);
2. settles the Subscription Fee for the next Subscription Cycle (for the Useme Comfort model);
3. settles the Useme Plus Program Participation Fee for the next period (for Useme Plus Program Participants).
Failure to meet the conditions referred to in paragraph 5 in any subsequent calendar month results in loss of Basic Status and expiry of access to the Materials at the end of the last day of the month in which the conditions were not met.
Regaining Basic Status after losing it requires meeting the conditions for granting it again, as set out in paragraph 1 or 2 above.

Article 4. Conditions for Obtaining Additional Status and Access to Benefits and Rewards

A Participant with Basic Status who settles on the Useme Flex model may obtain Additional Status in the Useme Club Program. Accordingly, Additional Status in the Useme Club Program can only be granted to Participants who settle on the Useme Flex commission model.
Additional Status in the Useme Club Program is also granted automatically once the Additional Participation Conditions are met.
The Additional Participation Condition, and therefore the condition for obtaining Additional Status in the Useme Club Program, is a total volume of Job Settlements under the Useme Flex model for which the sum of Useme Commission accrued (based on acceptance of the work) in a given calendar month is at least PLN 100 (or the equivalent, for agreements settled in foreign currencies).
The total Commission qualifying for the Additional Participation Condition is determined on the last business day of the calendar month, based on the Useme Commission from the individual Jobs completed by the Participant in that calendar month, accrued each time the Employer accepts the work under a given Job, on the terms set out in the Useme Terms and Conditions.
Holding Additional Status entitles the Participant to:
1. the Benefit of access to the "MultiSport" service provided by Benefit Systems S.A.;
2. the Benefit of access to the "MyBenefit" system provided by Benefit Systems S.A.;
3. receiving a Reward under the promotional sale referred to in Article 8 of these Terms and Conditions.
Access to the Benefits and entitlement to a Reward arising from meeting the Additional Participation Condition is granted as of the 1st day of the calendar month following the month in which those conditions were met, and applies until the end of that month.
Keeping Additional Status for the next calendar month requires meeting the Additional Participation Condition again in the preceding month.
If the Additional Participation Conditions are not met in a given calendar month, the Participant loses Additional Status and access to the Benefits and Rewards at the end of that month. Losing Additional Status does not affect Basic Status, provided the Participant continues to meet the requirements set out in Article 3(1).
Regaining Additional Status after losing it requires meeting the Additional Participation Conditions referred to in paragraph 3 above again, while also holding Basic Status.

Article 5. Participant's Obligations

A Program Participant is required to:

comply with the Useme Terms and Conditions and these Terms and Conditions;
ensure that the data they provide is current, complete, and accurate;
not share the Benefits, Rewards, or materials they receive with third parties without authorization;
refrain from any action that could harm the good image or interests of the Organizer or its partners (including Benefit Systems S.A.).

When using Benefits provided by external entities, the Participant must comply with the terms and conditions and rules of use published directly by those providers.
Participants may not submit content that is unlawful.

Article 6. Rights and Liability of the Organizer

The Organizer reserves the right to verify that Users meet the formal requirements and conditions necessary to obtain or maintain Basic or Additional Participation Status in the Useme Club Program.
The Organizer may refuse to grant Program Participation Status, or exclude a Participant from the Program with immediate effect and withdraw their Useme Club Program Participation Status, in the event of:

a serious breach of these Terms and Conditions or the Useme Terms and Conditions;
actions harming the interests or reputation of the Organizer or the Program's partners.

The Organizer is not liable for an inability to use the Benefits for reasons attributable to the Participant (e.g., failure to activate an account on a partner's platform in time) or for reasons attributable directly to external service providers (e.g., outages of Benefit Systems S.A.'s systems).
The Organizer reserves the right to modify the range of Materials, Benefits, and Rewards on offer, in particular in the event of a change in, or the end of, cooperation with external partners.
The Organizer may decide to end the Useme Club Program at any time, notifying Participants at least 14 days in advance by e-mail or via the Platform. If the Program ends, Participants retain the right to use accumulated Rewards (MyBenefit points) for 6 months from the date the Program ends.

Article 7. Benefits from External Providers

Access to the "MultiSport" service and the "MyBenefit" platform is provided in cooperation with Benefit Systems S.A.
The Participant acknowledges that starting to use certain benefits requires additional technical or registration steps directly on the Benefit provider's platform (e.g., creating an account, ordering a physical card).
The Organizer is not liable for the quality, continuity, or availability of services provided directly by external providers. Complaints about the quality of the non-wage benefits themselves should be directed by the Participant to the relevant Benefit provider. This does not apply to obligations arising from law.

Article 8. Promotional Sale and Rewards

Under the Useme Club Program, the Organizer runs a Promotional Sale for Participants holding Additional Status, linked to sales of the Organizer's own services.
A Reward is granted in the form of points credited to the Participant's account on the MyBenefit platform, as of the 1st day of the calendar month following the month in which the Additional Participation Condition of the Useme Club Program was met.
The amount of the Reward depends on the total Useme Commission accrued from acceptance of work under Jobs completed through the Platform in the given calendar month, and is:

10 points on the MyBenefit platform, where the total Useme Commission in the given month was from PLN 100.00 to PLN 199.99;
15 points on the MyBenefit platform, where the total was from PLN 200.00 to PLN 299.99;
20 points on the MyBenefit platform, where the total was PLN 300.00 or more.

Where the Commission was accrued in a foreign currency, it is converted into Polish złoty (PLN) for the purpose of determining the relevant threshold using the National Bank of Poland (NBP) exchange rate from the last business day of the month in which the Commission was accrued.
The basis for calculating and counting the Commission in a given month is the date the Employer accepts the work in connection with a Job completed through the Useme Platform involving the Participant. The rules and methods for the Employer's acceptance of the work are set out in the Useme Terms and Conditions and include automatic acceptance after the period specified there elapses. The dates a Job starts, accounting documents are issued, or a payout is requested do not affect the Commission settlement period.
Points in the MyBenefit system awarded as a Reward remain valid for the entire uninterrupted period the Participant holds Additional Status. If Additional Status expires, or the Participant cancels that Status or their Program Participation, the Participant may use the accumulated MyBenefit points for 12 (twelve) months, counted from the first day following the date Additional Status expired. After this period, unused MyBenefit points expire.

Article 9. Withdrawing from Status and from the Program

A Participant may withdraw from Participation in the Useme Club Program, or request withdrawal from Additional Status (and therefore from the Benefits and Rewards arising from that Status), at any time.
A withdrawal statement may be submitted in documentary form (e.g., by e-mail to info@useme.com) or by phone.
Where withdrawal from Additional Status is requested, access to the Benefits is suspended immediately once the Organizer has processed the request.
Where withdrawal from Program Participation is requested, access to all benefits under the Useme Club Program is suspended immediately once the Organizer has processed the request.
In both cases of withdrawal (from Additional Status or from Program Participation), the Organizer will inform the Participant once the request has been processed, the relevant Status withdrawn, and the benefits suspended.
The Useme Club Program forms an integral part of the agreement for use of the Useme Platform. Accordingly, Participants who are consumers have the right to withdraw from that agreement in accordance with the Useme Terms and Conditions.
Use of points accumulated under the Promotional Sale before the date of withdrawal is governed by the rules set out in Article 8(6).

Article 10. Changes to the Terms and Conditions

The Organizer reserves the right to amend these Terms and Conditions for valid reasons, including in particular:

a change in generally applicable law, or a decision or ruling by a competent public authority or court, directly affecting the content of these Terms and Conditions or the functioning of the Program;
the expiry, amendment, or termination of an agreement with an external partner providing benefits under the Program, making it impossible to continue offering a given Benefit or Reward on the existing terms;
the introduction, modification, or withdrawal of functionalities, benefits, or Benefits on the Useme Platform;
the need to counter abuse, security breaches, or identified threats to the stability and cybersecurity of the Useme Platform.

In matters not regulated by this Appendix, including the procedure and timing for notifying Participants of changes and the manner of accepting or rejecting them, Article 21 of the Useme Terms and Conditions applies accordingly.

Article 11. Personal Data

The controller of Participants' personal data processed to run the Useme Club Program is the Organizer – Useme sp. z o.o., with its registered office in Wrocław, ul. Świdnicka 12-16, 50-068 Wrocław.
Personal data is processed in accordance with GDPR and the Useme Privacy Policy for purposes related to:

automatically verifying the criteria for, and granting, Basic or Additional Useme Club Status;
granting access to the basic benefits (Materials) and additional benefits (Benefits), and awarding Rewards;
transferring data (first name, last name, e-mail address) to the partner Benefit Systems S.A. to create and manage an account on the MyBenefit / MultiSport platform;
handling complaints and pursuing any potential claims.

Providing this data is voluntary but necessary to gain access to the additional benefits and to be awarded Rewards under the Useme Club Promotional Sale.
The Participant has the right to access their data, to rectify it, to have it erased, to restrict its processing, to data portability, and to object to its processing.
Detailed rules on data processing are set out in the Useme Privacy Policy.

Article 12. Complaints

A Participant may submit complaints regarding the operation of the Useme Club Program, the calculation of Commission for the purpose of granting Additional Status, and the awarding of Rewards.
Complaints may be submitted by e-mail to info@useme.com or in writing to the Organizer's registered office.
A complaint should include the Participant's identifying details, a description of the issue raised, and the Participant's request.
The Organizer will review the complaint within 14 days of receiving it and will respond in the same form in which the complaint was submitted.

Article 13. Out-of-Court Methods of Handling Complaints

A Participant who is a consumer may use out-of-court methods for handling complaints and pursuing claims, including by applying to the relevant Provincial Trade Inspectorate or seeking help from a district (municipal) consumer ombudsman.
Detailed information on ADR procedures is available on the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/pomoc-dla-konsumentow.

Article 14. Technical Requirements

Using the Useme Club Program requires meeting the minimum technical requirements set out in Article 2 of the Useme Terms and Conditions, including an active internet connection, a web browser, and an active e-mail account.

Article 15. Final Provisions

Matters not regulated by these Terms and Conditions are governed by Polish law, including the Civil Code and the Act on the Provision of Services by Electronic Means.
In matters not regulated by these Terms and Conditions, the Useme Terms and Conditions apply directly, and in matters relating to the Useme Club Promotional Sale, the Useme Club Promotional Sale Terms and Conditions apply.
Disputes arising from the application of these Terms and Conditions will be resolved by the competent common court.
These Terms and Conditions apply from the date they are made available on the Useme Platform until revoked.