REFERRAL PROGRAM TERMS AND CONDITIONS

Giftata, Inc. Referral Program Terms and Conditions

Giftata, Inc., a Delaware corporation (“we”, “Giftata” or “Company”), may at times offer you the opportunity to refer friends via a referral program (“Program”) offered on its mobile application or the web site located at https://www.giftata.com/(the “Platform”).

BINDING AGREEMENT

By using the Platform or participating in the Program, you are bound by these Terms and Conditions (“Terms”) and indicate your agreement to them.  All of the Company’s decisions are final and binding.  These Terms are incorporated in, part of and subject to the Company’s Terms of Service available https://www.giftata.com/terms (Capitalized terms not otherwise defined shall have the meanings set forth in the Terms of Service.)

PRIVACY

The personal information collected, processed and used as part of the Program will be used in accordance with Company’s Privacy Policy, which is available for your review at https://www.giftata.com/privacy.

ELIGIBILITY

If you are under 18 years old (for U.S. based users) or the age of majority in your jurisdiction, then you may not use or access the Giftata Platform. Children under 13 years old are prohibited from accessing the Giftata Platform or otherwise providing any personal information to Giftata.

HOW THE PROGRAM WORKS

Using the Platform, you can follow the on-screen instructions to refer friends, family members or colleagues whom you personally know (“Friends”).  Users may refer a maximum of 500 Friends throughout the entirety of the Program. Once an individual registers for early access, he/she becomes a “Referrer” and will be provided with a unique referral link (“Personal Link”) that allows him or her to receive the benefit or reward advertised on the Platform, as applicable.  Referred Friends must complete early access registration as described in the referral message.

RESTRICTIONS

Referrers cannot refer themselves or create multiple, fictitious or fake accounts with the Company.  In order to qualify for any Reward, Referrer must meet the Minimum Conditions of the Program. No User may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program.  In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. This includes but is not limited to a general prohibition on posting of the referral codes on any website which offers the referral code to anyone other than Friends, i.e. individuals to whom you personally know.  If we believe that a referral code associated with a User’s account was used in such a manner, we have the right to remove all credit associated with that account and remove the User from the Giftata Platform. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

MINIMUM CONDITIONS

(1) Referrer must be ranked in the Top 50 of Leaderboard at the time of campaign expiration

(2) Referrer has greater than or equal to 25 Valid Referrals

(3) Referrer is 18 + Years Old

(4) Referrer has primary home address in the United States

(5) Referrer has earnest intent to use the Giftata mobile app once released

(6) Total Number of participants is greater than or equal to 1,000

REWARDS

By making a Valid Referral (defined below), you will receive a credit towards moving up in the early access queue (a “Referral Credit”). In order to qualify as a “Valid Referral”, your Friend must not have already registered and must be a first-time registrant as a result of your referral. At the end of the promotion, the top 50 referrers will receive an Amazon gift card, so long as all RESTRICTIONS are met. You can earn a maximum of $100 in rewards from Valid Referrals. These rewards will be deemed valid in the Company’s sole discretion, and delivered via Amazon gift card. Restrictions apply.  The Company is not responsible for reimbursement of out of pocket expenses, taxes, tips, or other fees. If the reward is in the form of a gift card, gift certificate or voucher, it may be subject to the issuer’s terms and conditions. Only the top 1,000 referrers will be granted early access to the Giftata mobile application. Rewards are subject to verification. The Company may delay a reward for the purposes of investigation. The Company may also refuse to verify and process any transaction for any reason.Unless otherwise stated, rewards have no monetary value and may not be redeemed for cash.  They are not transferable and may not be auctioned, traded, bartered or sold. Please refer to the Terms of Service for additional billing and payment information.

LIABILITY

YOU UNDERSTAND AND AGREE THAT THE INDEMNIFIED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL,  CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY GIFTATA, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE GIFTATA PLATFORM OR SERVICES, EVEN IF  ADVISED OF THE POSSIBILITY OF THE SAME. By participating in the Program, you agree to indemnify, defend, and hold harmless Giftata and Affiliates, and their attorneys, insurers, independent contractors, providers, successors and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with (i) your use or inability to use the Giftata Platform or perform Tasks, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any User or third party and (iv) any content submitted by you or using your account to the Giftata Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. Giftata reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Giftata.  TO THE FULLEST EXTENT POSSIBLE BY LAW, THE INDEMNIFIED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL BE $100.00.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROGRAM AND THE GIFTATA PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GIFTATA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE GIFTATA PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE GIFTATA PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE GIFTATA PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.

BULK DISTRIBUTION (“Spam”)

Each Referrer is the actual sender of the emails and must comply with applicable law.  Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members.  By submitting any email address as part of the Program, the Referrer represents that he/she has the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate removal from the Platform and further legal action.  The Company has no obligation to monitor the Program or any communications; however, the Company may choose to do so and block any messages or comments, remove any such User Generated Content, or prohibit any use of the Program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Company against any liabilities, costs and expenses it incurs as a results of such spam.

RIGHT TO CANCEL, MODIFY OR TERMINATE

We reserve the right to cancel, modify or terminate the Program at any time for any reason. We reserve the right to disqualify any User at any time from participation in the Program if we have a good faith belief that he/she has violated any of these Terms.