Give/Get Program Terms — Partyhat

PARTYHAT GIVE/GET PROGRAM TERMS

Last Updated: December 6, 2025

Welcome to the Partyhat Inc. ("Partyhat") referral program (the "Give/Get Program")!

By referring a new customer acting on a referral to Partyhat, a referring customer (the "Referring Customer") and the referred customer (the "Referred Customer", and, together with the Referring Customer, "Participants" or "you") agree to be bound by these terms and conditions (these "Give/Get Program Terms"). These Give/Get Program Terms are separate from Partyhat's Terms of Service or any other terms and conditions that may govern Participant's use of the Products or Services. If you do not agree to these Give/Get Program Terms, please do not participate in the Give/Get Program.

Partyhat may change or update these Give/Get Program Terms from time to time by notifying Participant of any of such changes by any reasonable means, including, for example, by posting a new version on its websites or by notifying Participant of such changes via email. Unless Partyhat says otherwise in its notice, the amended Give/Get Program Terms will be effective immediately, and Participant's continued participation in the Give/Get Program after we provide such notice will confirm Participant's acceptance of the changes. If Participant does not agree to the changes, Participant must cease Participant's participation in the Give/Get Program.

In consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Participants and Partyhat agree as follows:

1. Give/Get Program

  • (a) To initiate a referral, a Referring Customer will receive an individualized and unique referral code ("Code") to share with a Referred Customer. In addition to the Code, Referring Customers may receive Partyhat-provided GIFs and preloaded text, which they may share with others via email, messaging, or social media platforms. Referring Customers may not modify, alter, or use the provided GIFs or preloaded text for any unauthorized purpose, including but not limited to commercial use, misrepresentation, or in violation of any applicable law or third-party platform policies. When sharing the provided GIFs or preloaded text on third-party platforms, you are responsible for complying with the terms and policies of those platforms.
  • (b) Acceptance of a referral by Partyhat is based upon verification that the Referred Customer is eligible (a "Qualified Referral"). Partyhat reserves the right to not accept a referral for any reason at any time.
  • (c) Upon Partyhat's verification of a Qualified Referral, Participants will receive a subscription extension in the amount specified by Partyhat to their Partyhat subscription (the "Reward"). Unless stated otherwise by Partyhat, the extension length will begin at three (3) months and may vary depending on the Partyhat subscription plan purchased by the Referred Customer. Notwithstanding the foregoing, no Participant may receive a subscription extension of more than twelve (12) months through the Give/Get Program, regardless of the number of Qualified Referrals. The Reward is not applicable to the Participant if their Partyhat subscription was purchased via the iOS App or Android App. Participants are solely responsible for reporting the Reward to responsible authorities and/or paying any associated tax, levy, or similar contribution that would result from the Reward payment in their favor based on these Give/Get Program Terms (if needed).

2. Eligibility

  • (a) Age. Participants under 18 years of age (or the age of legal majority where you live) may not participate in the Give/Get Program. If you are a parent or guardian and you believe that your child under the age of 18 is participating in the Give/Get Program without your consent, please contact us at <support@getpartyhat.com>.
  • (b) Jurisdiction. You may only participate in the Give/Get Program in jurisdictions authorized by Partyhat. The Give/Get Program is currently available only in the United States.
  • (c) Referrer Account. To qualify as a Referring Customer, you must meet all of the following requirements: (i) satisfy the eligibility and use restrictions set out in Section 2(a), (b), and (e) of the Give/Get Program Terms and Section 1 of the Partyhat Terms of Service; (ii) have a valid Partyhat user account; and (iii) have an annual subscription purchased via our official website at getpartyhat.com. Partyhat reserves the right to determine if the Referring Customer's user account is valid.
  • (d) Referred Customer. To qualify as a Referred Customer, you must meet all of the following requirements: (i) be a first-time Partyhat customer; (ii) satisfy the eligibility and use restrictions set out in Section 2(a), (b), and (e) of the Give/Get Program Terms and Section 1 of the Partyhat Terms of Service; (iii) purchase an annual subscription using the Referring Customer's unique Code within thirty (30) days of your first click on that link, and the link must still be valid and unexpired when you complete your purchase; (iv) remain an active user of Partyhat's Products and Services and not request a refund during the fifteen (15) consecutive days following your initial purchase; and (v) complete your purchase of an annual Partyhat subscription through Partyhat's official website at getpartyhat.com.
  • (e) Use. The Give/Get Program is only available for personal, family or household purposes and expressly excluding any commercial use. The Referred Customer and the Referring Customer cannot be the same person.

3. Your Information

You may provide, or we may otherwise collect, certain information from you in connection with your participation in the Give/Get Program. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

4. Prohibited Activities

  • (a) Participant agrees to not engage in any activity that violates these Give/Get Program Terms, Partyhat's Terms of Service, or any other terms and conditions that may govern Participant's use of the Products or Services.
  • (b) Participants may not engage in fraudulent or deceptive activities, such as self-referrals or creating multiple user accounts to claim Rewards. A Code may not be distributed via spam, unsolicited messages, or methods that violate applicable law, including those relating to deceptive or fraudulent advertisements and endorsements. Partyhat reserves the right to withhold or revoke Rewards and/or terminate a Participant's participation in the Give/Get Program if Partyhat determines, in Partyhat's sole discretion, that Participant has acted in a fraudulent or abusive manner.
  • (c) Participant further agrees not to: (i) violate any applicable laws, 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 Give/Get Program; (ii) refer, as a Referring Customer, themselves as a Referred Customer; (iii) sell or transfer any Reward we provide in connection with these Give/Get Program Terms; or (iv) use the Give/Get Program or any code to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or computer code designed to adversely affect the operation of any computer software or hardware.
  • (d) Partyhat reserves the right, in Partyhat's sole discretion, to cancel, modify or suspend any Rewards or Codes should a virus, bug, computer problem, unauthorized intervention or other causes corrupt or impair the security and fairness of the Rewards or Codes.
  • (e) Partyhat may, in its sole discretion, determine any Reward to be void for any reason including but not limited to, the Reward is obtained through unauthorized or illegitimate sources/channels; the Reward is not verified or recognized as a valid Reward; or the Reward is incorrectly or incompletely entered or submitted.

5. Feedback

If you provide us feedback about the Give/Get Program, then you grant to us, without charge, the right to use, share, and commercialize Participant's feedback in any way and for any purpose.

6. Suspending or Discontinuing the Give/Get Program

Partyhat reserves the right to suspend or stop providing all or portions of the Give/Get Program at any time and for any reason, with or without notice. Participants also have the right to stop participating in the Give/Get Program at any time.

7. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Partyhat, our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the "Partyhat Parties") from and against any losses, liabilities, claims, demands, damages, expenses, or costs ("Claims") arising out of or related to (a) your participation in the Give/Get Program; (b) your User Content; (c) your Feedback; (d) your violation of these Give/Get Program Terms; (e) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (f) your conduct in connection with the Give/Get Program. You will promptly notify Partyhat of any third-party Claims, cooperate with Partyhat Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys' fees). The Partyhat Parties will have control of the defense or settlement, at Partyhat's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Partyhat or the other Partyhat Parties.

8. Limitation of Liability

To the fullest extent permitted by applicable law, Partyhat and Partyhat Parties will not be liable to you under any theory of liability-whether based in contract, tort, negligence, strict liability, warranty, or otherwise-for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if Partyhat or Partyhat Parties were advised of the possibility of such damages. The total liability of Partyhat and Partyhat Parties for any claim arising out of or relating to these Give/Get Program Terms, regardless of the form of the action, is limited to $50. The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Partyhat or Partyhat Parties or for any other matters in which liability cannot be excluded or limited under applicable law.

9. Publicity

In connection with this Give/Get Program, Participant hereby grants Partyhat a non-exclusive, worldwide, nontransferable (except in connection with an assignment permitted by these Give/Get Program Terms) license to use your name as a component of the Give/Get Program's marketing materials.

10. Governing Law

These Give/Get Program Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation will be governed by and construed in accordance with the laws of the State of California.

11. Assignment

Participants may not assign these Give/Get Program Terms to any other party. Partyhat may assign these Give/Get Program Terms or delegate any of its rights and responsibilities under these Give/Get Program Terms to third parties without notice to Participants.

12. Miscellaneous

Partyhat's failure to exercise or enforce any right or provision of these Give/Get Program Terms will not operate as a waiver of such right or provision. These Give/Get Program Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Give/Get Program Terms are for convenience only and have no legal or contractual effect. Use of the word "including" will be interpreted to mean "including without limitation." Except as otherwise provided herein, these Give/Get Program Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically.