Last updated: July 24, 2026
These Terms of Service (the "Terms") are a binding agreement between you and Kritikal Hit LLC, a Colorado limited liability company ("Kritikal Hit," "we," "us," or "our"), the operator of the website located at kritikalhit.com and the software, tools, content, and services offered through it (collectively, the "Services").
By creating an account, clicking a box or button indicating acceptance, or accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not use the Services.
Kritikal Hit is a sports analytics software subscription. The Services provide informational tools for daily fantasy sports ("DFS") research, including statistical projections, simulations, lineup optimization and construction tools, ownership estimates, and related analytics.
The Services are informational and educational only. Kritikal Hit:
To use the Services you must: (a) be at least eighteen (18) years old and the age of majority where you live; (b) have the legal capacity to enter into these Terms; and (c) not be barred from using the Services under applicable law.
The Services are offered only to individuals who reside in the United States (or any of its territories) or Canada. By using the Services, you represent and warrant that you meet this requirement. Kritikal Hit is based in the State of Colorado and makes no representation that the Services are appropriate or available for use in other locations; if you access the Services from anywhere else, you do so on your own initiative and are responsible for compliance with local law.
You are solely responsible for determining whether your participation in any DFS contest is lawful in your jurisdiction and whether you satisfy any contest operator's eligibility rules (including age minimums that exceed 18 in certain states and provinces). The availability of the Services in your location is not a representation that DFS participation is lawful there.
You must register an account to use most features. You agree to provide accurate registration information and keep it current. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Accounts are personal to you: you may not share, sell, rent, or transfer your account or login credentials, and simultaneous use of one account by multiple individuals is prohibited. Notify us promptly at [email protected] of any unauthorized use. We may suspend or disable any account or credential at any time if we reasonably believe it has been compromised or used in violation of these Terms.
4.1 Plans and pricing. The Services are offered under subscription plans (currently including weekly passes and monthly and annual tiers) described on our pricing page at the time of purchase. The features, prices, and terms displayed at checkout control your purchase. We may change plan pricing and features prospectively; changes will not affect a subscription period you have already paid for.
4.2 Payment processing. Payments are processed by our third-party payment processor (currently Stripe). We do not store full payment card numbers. Your use of the processor's services is subject to its own terms.
4.3 Automatic renewal. Unless you cancel, recurring subscriptions automatically renew at the end of each billing period (weekly, monthly, or annual, as applicable), and the payment method on file will be charged the then-current price for your plan. You may cancel auto-renewal at any time through your account settings or by contacting [email protected]; cancellation takes effect at the end of the current paid period, and you retain access until then.
4.4 Refunds. Except where required by applicable law, all fees are non-refundable, and no refunds or credits are provided for partial subscription periods, unused features, or dissatisfaction with analytical outputs or contest results. We may, in our sole discretion, consider refund requests on a case-by-case basis; any refund we choose to grant is a courtesy and does not obligate us to grant refunds in the future.
4.5 Free trials and promotional pricing. We may offer free trials, discounts, or promotional pricing at our discretion and may modify or discontinue them at any time. Unless otherwise stated, free trials are limited to one per person. If a payment method is required to start a trial, your paid subscription begins automatically at the then-current price when the trial ends unless you cancel first. Creating multiple accounts or otherwise obtaining multiple trials or promotional discounts without our authorization is prohibited; we may convert such accounts to paid status and charge the applicable fees, or suspend or terminate them.
4.6 Chargebacks. If you believe a charge is incorrect, contact us at [email protected] before disputing it with your payment provider, and we will work with you in good faith. Initiating a chargeback or payment dispute for charges you authorized and for which the Services were provided may result in suspension or termination of your account, and we reserve the right to contest such disputes and to condition reinstatement on payment of amounts owed.
4.7 Taxes. Prices exclude taxes unless stated otherwise. You are responsible for any applicable sales, use, or similar taxes, which may be added at checkout.
We may from time to time offer contests, sweepstakes, referral programs, or other promotions. Any such promotion may be governed by separate official rules or terms, which are incorporated into these Terms by reference; if those rules conflict with these Terms, the promotion-specific rules control with respect to that promotion.
We are continuously improving the Services and may add, modify, or remove features. If we discontinue a material feature of a paid plan mid-subscription, your exclusive remedy is a pro-rata refund of prepaid fees for the remainder of the then-current period upon request.
7.1 Your Content. The Services allow you to enter, upload, edit, and save information, including player projections and projection edits, lineups, exposure and quota settings, templates, locks, and similar inputs and configurations (collectively, "Your Content"). As between you and Kritikal Hit, you retain ownership of Your Content.
7.2 Operating license. You grant Kritikal Hit a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, and display Your Content for the purposes of operating, providing, securing, and supporting the Services for you (for example, saving your projections and rendering your lineups back to you).
7.3 Aggregate and de-identified data license. You also grant Kritikal Hit a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use Your Content and data about your use of the Services in de-identified and/or aggregated form — meaning combined with data from other users and/or stripped of identifiers such that neither you nor your account can reasonably be identified — for any lawful business purpose, including to develop, train, calibrate, test, and improve the Services and our underlying models and analytics (for example, improving ownership projections, calibrating badges and indicators, and refining simulation and optimization models), to create and publish aggregate statistics and insights, and to develop new products and features. This license survives termination of your account or these Terms. We will not sell or disclose Your Content in any form that identifies you, except as described in our Privacy Policy or with your consent.
7.4 Individual-data commitment. Kritikal Hit personnel do not access or review any individual subscriber's private, non-public lineups, projections, or configurations for the purpose of informing any Kritikal Hit personnel's own contest entries, and no Kritikal Hit personnel's personal contest play makes use of subscriber data except in the aggregated, de-identified forms described in Section 7.3 that are reflected in features available to subscribers generally. This commitment does not restrict access reasonably necessary for customer support (including support you request), security, fraud prevention, service operation and maintenance, or legal compliance.
7.5 Feedback. If you submit suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation.
The Services — including all software, source code, simulation engines, models, algorithms, formulas, metrics, badges and indicators, projections and other analytical outputs generated by the Services, databases, designs, text, graphics, logos, and trademarks (including "Kritikal Hit," the d20 logo, and "Natural 20s, every Sunday.") — are owned by Kritikal Hit or its licensors and are protected by intellectual property laws.
Subject to these Terms and payment of applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services and their outputs for your personal DFS research and contest entry only. Exporting lineup files generated by the Services for upload to a contest operator as your own entries is permitted personal use.
Except as expressly permitted, you may not (and may not permit anyone else to): copy, distribute, sell, resell, sublicense, publish, or publicly post the Services or any substantial portion of their outputs (including projections, ownership estimates, simulations, or badge data); use the Services or outputs to build, train, calibrate, or improve a competing product or dataset; or remove proprietary notices.
You agree not to:
We may investigate violations and may suspend or terminate accounts engaged in them (Section 15).
The Services ingest and display data from third-party sources (including publicly available play-by-play data and contest operators' salary and contest files) and may link to third-party sites. We do not control and are not responsible for third-party data, sites, or services, or their accuracy, availability, or terms. Your participation in any contest is governed solely by the applicable contest operator's terms and rules, and you are responsible for complying with them, including any rules regarding scripting or third-party tools.
The Services provide statistical estimates, opinions, and analytical tools. All projections, simulations, ownership estimates, badges, ratings, and other outputs are inherently uncertain estimates — not facts, promises, or guarantees of any outcome. Sports outcomes are volatile; models can be wrong; data feeds can contain errors or be delayed; injuries and late news can invalidate any projection.
Simulation metrics specifically. Certain features display simulation-derived figures such as "win %," "cash %," "expected value," "expected ROI," "sim scores," percentile ceilings, and similar labels. These figures are model outputs: hypothetical frequencies observed across computer-simulated scenarios generated by our software under modeling assumptions we choose. They are estimates only. They are not measurements of the real world, not certified probabilities, and not representations about your actual likelihood of winning, cashing, or profiting in any real contest. Actual contest results depend on factors no model fully captures — including the actual entries and behavior of other contestants, late injury and lineup news, scoring volatility, and contest structure — and your actual results can and will differ, sometimes drastically, from any simulated figure. A displayed positive "expected ROI" is not a statement that an entry is or will be profitable, and no output of the Services is a recommendation to enter any contest or to risk any amount of money. Over any period, including the long run, you may lose money acting on information from the Services.
Kritikal Hit does not guarantee that you will win, cash, profit, or avoid losses in any contest. Past performance — of the tools, of any model, or of any person — does not guarantee future results. Any references to historical results, calibration statistics, or the performance of any individual are informational only and are not a promise of your results. You are solely responsible for your contest entry decisions and any entry fees or losses you incur. Nothing in the Services is financial, investment, legal, or professional gambling advice.
If gambling-type activities are a problem for you, do not use the Services. In the U.S., help is available from the National Problem Gambling Helpline at 1-800-GAMBLER.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DATA WILL BE ACCURATE OR COMPLETE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL KRITIKAL HIT OR ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST WINNINGS, CONTEST ENTRY FEES, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY; AND (B) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID TO KRITIKAL HIT IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (ii) ONE HUNDRED U.S. DOLLARS (US $100). THESE LIMITS APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Kritikal Hit and its members, managers, employees, and contractors from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Services; (b) Your Content; (c) your violation of these Terms or applicable law (including DFS eligibility laws); or (d) your participation in any contest.
You may stop using the Services and cancel your subscription at any time (Section 4.3). We may suspend or terminate your access (with or without notice) if you materially breach these Terms, if required by law, or if we reasonably believe your use poses a risk to the Services or other users. If we terminate your account without cause, we will refund the pro-rata unused portion of prepaid fees; if we terminate for your breach, no refund is due. Sections 7.3, 7.5, 8, and 11 through 18 survive termination.
We may update these Terms from time to time. If we make a material change, we will provide at least thirty (30) days' advance notice before it takes effect (for example, by email or in-product notice) and indicate the new effective date, and we may require you to re-accept the updated Terms to continue using the Services. Material changes will not apply retroactively. Your continued use of the Services after the effective date constitutes acceptance. If you do not agree to updated Terms, you must stop using the Services and may cancel; if a material change adversely affects a period you prepaid, you may request a pro-rata refund for the remainder of that period.
17.1 Governing law. These Terms, and any dispute or claim arising out of or relating to them or the Services, are governed by the laws of the State of Colorado, without regard to conflict-of-laws rules.
17.2 Informal resolution first. Before filing any claim, you and we agree to try to resolve the dispute informally: you may notify us at [email protected], we may notify you at your account email, and both sides will attempt in good faith to resolve the dispute for at least thirty (30) days after notice.
17.3 Courts and venue. Any legal suit, action, or proceeding arising out of or relating to these Terms or the Services shall be instituted exclusively in the state courts located in Douglas County, Colorado, or the United States District Court for the District of Colorado, and you and Kritikal Hit each consent to personal jurisdiction and venue in those courts and waive any objection to them. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY, AND ANY PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
17.4 Time limit. To the extent permitted by law, any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after it accrues, or it is permanently barred.
These Terms, together with the Privacy Policy and any order/checkout or promotion-specific terms, are the entire agreement between you and Kritikal Hit regarding the Services and supersede all prior agreements on that subject. If any provision is found unenforceable, the remainder stays in effect, and the provision will be enforced to the maximum extent permissible. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, reorganization, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control. Notices to you may be provided by email to your account address or through the Services; legal notices to us should be sent to [email protected] or to Kritikal Hit LLC c/o its registered agent on file with the Colorado Secretary of State. Nothing in these Terms creates a partnership, agency, or employment relationship.
Questions about these Terms: [email protected]