Last updated: May 25, 2026
Effective date: May 25, 2026
These Terms of Service ("Terms") are a binding legal agreement between you ("you," "your," or "User") and ROCKYWATER LLC, a Washington limited liability company (also known as Hot Takes) ("Hot Takes," "Company," "we," "us," or "our"). They govern your access to and use of the Hot Takes mobile application, our website at https://rockywaterapps.com, and all related features, content, and services (together, the "Service").
PLEASE READ THESE TERMS CAREFULLY. SECTION 15 CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS-ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. SECTION 13 (DISCLAIMERS) AND SECTION 14 (LIMITATION OF LIABILITY) LIMIT OUR LIABILITY TO YOU.
By creating an account, downloading or installing the app, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Service.
If you access the Service through the Apple App Store, these Terms also incorporate Apple's standard licensed-application end-user license agreement and the additional terms in Section 19 (Apple Devices and App Store). To the extent of any conflict between these Terms and Apple's standard EULA with respect to your use on an Apple device, these Terms control except where Apple's terms are required to govern.
The Service is intended for users who are at least 13 years old. By using the Service, you represent and warrant that you meet this requirement and that you are able to form a binding contract with us.
The Service is not directed to children under 13, and we do not knowingly collect personal information from anyone under 13. If we learn that we have collected personal information from a child under 13 without verifiable parental consent, we will delete that information as described in our Privacy Policy. If you believe a child under 13 has provided us with personal information, contact us at support@rockywaterapps.com.
If you are between 13 and the age of majority where you live, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. Some features, including paid subscriptions, may be restricted or may require parental consent where required by law. You also agree to comply with these Terms and all applicable laws when using the Service.
To use most features you must create an account. You agree to: (a) provide accurate, current information; (b) keep your credentials confidential; and (c) be responsible for all activity under your account. Notify us immediately at support@rockywaterapps.com of any unauthorized use.
Account deletion. You may delete your account at any time from within the app (Settings → Account → Delete Account) or by contacting support@rockywaterapps.com. Deleting your account will remove your personal data as described in our Privacy Policy, except for information we are permitted or required to retain (for example, to comply with law, resolve disputes, enforce agreements, or in de-identified or aggregated form). We may suspend or terminate your account as described in Section 12.
Hot Takes is a sports-fan platform that lets you respond to prompts ("Cards"), share opinions and predictions ("Takes"), participate in daily and ongoing activities, earn experience points, streaks, leagues, badges, and other progression rewards, and engage with other users. We may add, change, suspend, or remove features at any time. We do not guarantee that any feature, Card, event, or reward will be available at any particular time. Hot Takes is an entertainment and social product. It is not a gambling, wagering, betting, fantasy-for-money, or investment service, and nothing in the Service is an offer to wager or a financial recommendation.
The Service, including its software, design, text, graphics, logos, the "Hot Takes" name and marks, Card formats and mechanics, and all related intellectual property (excluding User Content), is owned by us or our licensors and is protected by intellectual-property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Service for your personal, non-commercial use. All rights not expressly granted are reserved.
"User Content" means anything you submit, post, or generate through the Service, including Takes, opinions, predictions, votes, ratings, confidence levels, reasons and reason tags, reactions, comments, text, images, usernames, and profile details.
You retain ownership of your User Content. However, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, sublicensable, and transferable license to host, store, use, reproduce, modify, adapt, translate, create derivative works from, publish, publicly perform, publicly display, distribute, and otherwise exploit your User Content, in whole or in part, in any media or format now known or later developed, for any purpose, including to operate, develop, improve, market, and promote the Service and our current and future products and services. This license continues even after you stop using the Service or delete your account, to the extent your User Content has been shared with others, incorporated into other content, or retained in backups or in de-identified or aggregated form.
Your representations. You represent and warrant that: (a) you own or have all rights necessary to grant the license above; (b) your User Content does not infringe or violate any third party's intellectual-property, privacy, publicity, or other rights; and (c) your User Content complies with these Terms and all applicable laws.
Feedback. If you send us suggestions, ideas, or feedback, you grant us an unrestricted, perpetual, irrevocable right to use them for any purpose without compensation or attribution.
Public nature of User Content. Takes, usernames, profile information, leaderboard standings, and similar content may be visible to other users and to the public, including on our website. Do not submit anything you wish to keep private.
You agree not to, and not to allow anyone to:
We may, but are not obligated to, monitor, review, screen, filter, or moderate User Content. We may remove, edit, refuse, restrict, or disable access to any User Content, and may suspend or terminate accounts, at our discretion and without notice, including for any actual or suspected violation of these Terms. We provide in-app tools to report objectionable content and to block abusive users, and we aim to act on valid reports within a reasonable time. We are not responsible for User Content posted by others, and you use the Service and view User Content at your own risk.
The Service may offer a paid subscription ("Pro") and other paid features, virtual items, or consumables (such as regenerating plays, insurance, or cosmetic items). The following apply:
The Service relies on third-party providers, including Supabase (database, authentication, and backend infrastructure) and PostHog (product analytics). The Service may also link to or integrate other third-party sites or services. Your use of third-party services is governed by their terms and privacy policies, and we are not responsible for them. How these providers handle your information is described in our Privacy Policy.
Our Privacy Policy explains what information we collect and how we use, share, and protect it. By using the Service, you agree to our data practices as described there.
You may stop using the Service and delete your account at any time. We may suspend or terminate your access to all or part of the Service at any time, with or without cause and with or without notice. Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive termination will survive, including those addressing intellectual property, the User Content license, disclaimers, limitation of liability, indemnification, dispute resolution, and general provisions.
THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, secure, error-free, or accurate, that defects will be corrected, or that any predictions, scores, statistics, results, or other content are accurate or reliable. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HOT TAKES, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNTS, IF ANY, THAT YOU HAVE PAID US FOR THE SERVICE.
Some jurisdictions do not allow certain limitations, so some of the above may not fully apply to you.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND TO HAVE A JURY TRIAL.
(a) Informal resolution. Before starting an arbitration, you agree to first contact us at support@rockywaterapps.com and give us a reasonable opportunity to resolve the dispute informally.
(b) Binding arbitration. Except as set out below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitrator decides all issues, except that a court may decide the enforceability of the class-action waiver. Judgment on the award may be entered in any court of competent jurisdiction.
(c) Class-action and jury waiver. YOU AND HOT TAKES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. YOU AND HOT TAKES WAIVE ANY RIGHT TO A JURY TRIAL.
(d) Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court for intellectual-property infringement or unauthorized access to the Service.
(e) Opt-out. You may opt out of this arbitration agreement by emailing support@rockywaterapps.com and stating your name and your intent to opt out. Opting out does not affect any other part of these Terms.
(f) Governing law and venue. These Terms and any dispute are governed by the laws of the State of Washington and the Federal Arbitration Act, without regard to conflict-of-laws rules. Where arbitration does not apply, the exclusive venue is the state and federal courts located in King County, Bellevue, Washington, and you consent to their jurisdiction.
We may modify these Terms at any time. If we make material changes, we will provide notice (for example, by posting the updated Terms with a new "Last updated" date or by in-app notice). Changes are effective when posted unless otherwise stated. Your continued use of the Service after changes take effect means you accept the updated Terms. We may also change, suspend, or discontinue any part of the Service at any time.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Hot Takes and its affiliates and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your User Content; (b) your use of the Service; (c) your violation of these Terms or any law; or (d) your violation of any third-party right.
This section applies if you download the app from the Apple App Store. You acknowledge that these Terms are between you and Hot Takes only, not with Apple, and that Apple is not responsible for the app or its content. Your license to use the app is limited to a non-transferable license to use it on Apple-branded products you own or control, as permitted by the App Store Terms of Service. Apple has no obligation to provide maintenance or support for the app. Apple is not responsible for any product warranties or for addressing claims relating to the app (including product-liability, legal-compliance, or consumer-protection claims). If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for investigating, defending, or resolving any third-party intellectual-property claim relating to the app. You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting," and that you are not on any U.S. Government restricted-party list. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.