REFERRAL PROGRAM TERMS

These Referral Program Terms (the “Program Terms”) apply to the referral program (the “Program”) offered by Giddy Holdings, Inc. (“Giddy”) and set forth the legally binding terms and conditions for participation in the Program. Please read these Program Terms carefully before participating in the Program. By participating in the Program, you (“you”) agree to be bound by these Program Terms. The Program is subject to Giddy's Terms and Conditions and Privacy Policy, which are incorporated herein by reference. Except as otherwise defined herein, all capitalized terms used herein have the respective meanings given to them in the Terms and Conditions and/or Privacy Policy, as applicable.

To be eligible for the Program, you must have an active Eddie by Giddy subscription (with a shipping address in the U.S. or Canada) and/or Giddy Account, each in good standing. To participate, refer friends who have not previously purchased any products from Giddy (“Friends”) by sending them your personal referral link provided to you by Giddy (the “Referral Link”). You may share your Referral Link via email, social media, and other tools Giddy may provide. For each Friend who signs up for a Giddy Account through your Referral Link and/or purchases an Eddie by Giddy subscription through the Service (an “Eligible Subscription”), we will post to your Giddy Account and/or each applicable Friend's Account (in each case, generally within two or three business days) the applicable credit described in the Program, which will be automatically applied to your next order and/or each applicable Friend's next paid order (for the avoidance of doubt, excluding any trial orders) (each, an “Eddie by Giddy Credit”) and/or your Giddy Account, provided that an Eddie by Giddy Credit must be used within one (1) year from the date of issue or it will expire. The amount of Eddie by Giddy Credits applied to one (1) transaction cannot exceed the total order amount. Please note that in order for you to receive an Eddie by Giddy Credit for referring a Friend and in order for a Friend to receive an Eddie by Giddy Credit for signing up for an Eddie by Giddy subscription and making an Eligible Subscription through your Referral Link, your Friend must accept, and not delete, any relevant cookies provided in connection with the Program prior to signing up for an Eddie by Giddy Account and making an Eligible Subscription, otherwise the Referral Link will not be recognized and the Eddie by Giddy Credit will not be applied to your or your Friend's Account.

Prior to providing Giddy with any information about any Friend, you agree to (i) inform the Friend about the nature and purpose of the Program and explain that Giddy may contact the Friend and (ii) obtain such Friend’s consent to be contacted by Giddy and to participate in the Program.

This offer is made to you and your Friends, and applies solely to your personal referrals. Eddie by Giddy Credits are not redeemable for cash or any cash equivalents (e.g., gift cards), and are nontransferable and not refundable (e.g., if an order is refunded, any portion of such order paid for using Eddie by Giddy Credits will not be refunded). Your Eddie by Giddy Credits will not be granted, and may be revoked or deemed ineligible for redemption, if your Eddie by Giddy subscription is cancelled before your Friend signs up for an Eligible Subscription.

Referrals should strictly be used for personal purposes and shared with personal connections. Personal links should not be distributed to commercial websites (e.g., coupon websites, Reddit). Giddy expressly reserves the right to disqualify any referrals it believes in its sole discretion are generated by scripts, macros or other automated or fraudulent means (e.g., using fake accounts) or violation of these Program Terms and to take action and seek damages to the fullest extent permitted by law against any user it finds to be tampering with the operation of the Program or otherwise acting in violation of these Program Terms, which may include, without limitation, terminating a user's Account or participation in the Program, delaying or cancelling the rewarding of Eddie by Giddy Credits, or revoking or refusing to honor outstanding Eddie by Giddy Credits or any benefit from these Program Terms. In all matters relating to the administration of the Program, the decisions of Giddy will be final.

Giddy may modify, update or discontinue the Program, in whole or in part, with or without notice, and will not be liable to you or your Friends in the event of any modification, suspension or discontinuance of the Program.

DISCLAIMER OF WARRANTIES

PROGRAM PARTICIPANTS EXPRESSLY UNDERSTAND AND AGREE THAT THE PROGRAM IS PROVIDED “AS IS”, AND GIDDY MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, ABOUT THE PROGRAM AND THE PRODUCTS OR SERVICES OBTAINED THROUGH THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE.

LIMITATION OF LIABILITY; RELEASE

TO THE FULLEST EXTENT PERMITTED BY LAW, GIDDY, AND ITS AFFILIATES, VENDORS AND SERVICE PROVIDERS, SHALL NOT BE LIABLE TO YOU OR ANY OF YOUR FRIENDS FOR, AND YOU HEREBY RELEASE GIDDY AND ITS AFFILIATES, VENDORS AND SERVICE PROVIDERS FROM, ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND RELATED TO THE PROGRAM, THESE PROGRAM TERMS, OR THE SUBJECT MATTER HEREOF, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, OR ANY LOSS OF PROFIT OR INCOME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF GIDDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GIDDY, OR ANY OF ITS AFFILIATE'S, VENDOR'S OR SERVICE PROVIDER'S, MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM EXCEED $50.

These Program Terms, together with the Terms and Conditions, Privacy Policy, and other policies and guidelines provided by Giddy, set forth the entire agreement, and supersede any and all prior agreements, of the parties with respect to the subject matter hereof. In the event of a dispute about the party making a redemption or earning an Eddie by Giddy Credit, all redemptions and referrals will be deemed to have been made by the owner of the e-mail account that is associated with the Account used to make the purchase or referral associated with the offer's redemption, respectively. Giddy is not responsible for communication errors or other matters beyond Giddy's reasonable control, including, without limitation, any failures to award Eddie by Giddy Credits due to technical issues. Giddy's failure to enforce any term of these Program Terms will not constitute a waiver of that provision. These Program Terms are governed by and interpreted in accordance with the laws of the State of Texas, notwithstanding any conflicts of law. If any provision of these Program Terms is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary so that these Program Terms otherwise remain in full force and effect and enforceable.

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