Terms of Service

It's Happening · McKenna Digital LLC

Effective Date: February 6, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and McKenna Digital LLC ("Company," "we," "us," or "our"), governing your access to and use of the It's Happening platform, including our website at itshappening.live, our mobile applications, and all related services (collectively, the "Platform").

By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Platform.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Platform and updating the "Effective Date" above. Your continued use of the Platform after such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform.

2. Eligibility

2.1 Age Requirement

You must be at least 18 years of age to use the Platform. By creating an account or using the Platform, you represent and warrant that you are at least 18 years old. If we discover or have reason to believe that you are under 18, we will immediately terminate your account and delete your data in accordance with our Privacy Policy.

2.2 Legal Capacity

You represent and warrant that you have the legal capacity to enter into these Terms in your jurisdiction. If you are using the Platform on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2.3 Geographic Eligibility

The Platform is currently available to users located in the United States. We may expand availability to additional regions in the future. You are responsible for compliance with all local laws and regulations applicable to your use of the Platform.

2.4 Account Restrictions

You may not create or use an account if you have been previously banned or removed from the Platform, if using the Platform would violate any applicable law or regulation, or if you are located in a jurisdiction where participation in skill-based contests is prohibited.

3. The Platform

3.1 Platform Description

It's Happening is a real-time, multiplayer prediction platform where users compete on prediction accuracy during live events. The Platform enables users to create predictions collaboratively, build personal prediction timelines, and vote on outcomes in real-time. The Platform operates as a skill-based contest, not a gambling service. Outcomes are determined by the accuracy and quality of participants' predictions over the course of a game, not by chance or single-outcome wagering.

3.2 Game Types

The Platform supports the following game types:

Public Games: Open to all authenticated users. Public games appear in the Platform's discovery features and may be featured or promoted. Public games are subject to platform-level content moderation.
Private Games: Invite-only games shared via link or code. Private games do not appear in public discovery. Private games are still subject to these Terms and our content policies.

3.3 Game Phases

Games progress through defined phases: a preparation phase where predictions are created and submitted, and a play phase where participants vote on outcomes in real-time. The specific mechanics and timing of each phase are determined by the game configuration and may vary.

3.4 Creators

Certain users ("Creators") may create and manage games on the Platform. Creators accept additional responsibilities as described in Section 7 of these Terms. Creating games does not create an employment, agency, or partnership relationship with the Company.

4. Accounts

4.1 Account Creation

To use the Platform, you must create an account using one of our supported authentication methods (such as social login providers or email-based authentication). You agree to provide accurate, current, and complete information during registration and to keep your account information up to date.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at legal@itshappening.live if you become aware of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to maintain the security of your account.

4.3 One Account Per Person

Each individual may maintain only one account on the Platform. Creating multiple accounts to manipulate game outcomes, circumvent bans, or gain an unfair advantage is a violation of these Terms and may result in termination of all associated accounts.

4.4 Account Termination by You

You may delete your account at any time through the Platform's settings. Upon deletion, your personal information will be handled in accordance with our Privacy Policy. Anonymized game history and aggregated statistics may be retained for leaderboard integrity and Platform improvement.

5. User Conduct

5.1 Acceptable Use

You agree to use the Platform in a manner consistent with these Terms and all applicable laws and regulations. You are solely responsible for all content you submit, post, or transmit through the Platform, including predictions, game names, comments, and any other user-generated content.

5.2 Prohibited Conduct

You agree not to:

Submit content that is unlawful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable
Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
Manipulate game outcomes through collusion, coordinated voting, or the use of multiple accounts
Use automated systems, bots, scripts, or other programmatic means to access or interact with the Platform without our express written permission
Attempt to interfere with, compromise, or disrupt the Platform's infrastructure, security, or other users' experience
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform
Use the Platform for any commercial purpose not expressly authorized by us
Harvest or collect personal information about other users without their consent
Circumvent or attempt to circumvent any content moderation, rate limiting, or access control measures
Use the Platform to promote or facilitate illegal gambling, as distinguished from skill-based contests

5.3 Content Moderation

We employ automated content moderation systems to review user-generated content in public games. We also provide Creators with moderation tools to manage content within their games. We reserve the right, but are not obligated, to review, edit, or remove any content that violates these Terms or that we find objectionable in our sole discretion. Our moderation efforts do not constitute an endorsement of any user content.

5.4 Enforcement

We may investigate and take any action we deem appropriate in response to violations of these Terms, including but not limited to: issuing warnings, temporarily or permanently suspending your account, removing content, reporting conduct to law enforcement, and pursuing legal remedies.

6. User Content and Intellectual Property

6.1 Your Content

"User Content" means any content you submit, post, or transmit through the Platform, including but not limited to predictions, game names, game descriptions, profile information, comments, and votes.

6.2 Ownership

You retain ownership of your User Content. However, by submitting User Content to the Platform, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, transferable, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content in any media or format, whether now known or hereafter developed, for any purpose, including but not limited to operating, promoting, and improving the Platform, and for marketing and promotional purposes.

6.3 Content Representations

By submitting User Content, you represent and warrant that: you own or have the necessary rights to submit such content and to grant the license described above; your content does not infringe or violate the intellectual property, privacy, or other rights of any third party; and your content complies with these Terms and all applicable laws.

6.4 Feedback

Any suggestions, ideas, feedback, or other information you provide to us regarding the Platform ("Feedback") is entirely voluntary. We are free to use, disclose, reproduce, license, or otherwise exploit such Feedback without obligation or compensation to you.

6.5 Company Intellectual Property

The Platform, including its design, features, functionality, software, text, graphics, logos, and all other content provided by the Company (collectively, "Company Content"), is owned by or licensed to the Company and is protected by copyright, trademark, and other intellectual property laws. "It's Happening," the It's Happening logo, and any other Company trademarks, service marks, and trade names are the property of McKenna Digital LLC. You may not use any Company Content or trademarks without our prior written consent.

6.6 Account Deletion and Content

If you delete your account, we will cease using your User Content for new marketing or promotional purposes. However, content that has already been published, distributed, or incorporated into aggregated or anonymized datasets may persist. Anonymized game statistics and leaderboard data will be retained to maintain the integrity of the Platform's competitive records.

7. Creator Responsibilities

7.1 Creator Role

If you create or manage a public game on the Platform ("Creator"), you accept additional responsibilities for the content and conduct within your games. Creator status is a privilege that may be revoked if you fail to uphold these responsibilities.

7.2 Content Responsibility

As a Creator, you are responsible for: setting appropriate game topics and descriptions; monitoring and moderating user-submitted predictions within your games using the tools provided; promptly addressing content that violates these Terms or our content policies; and ensuring your game does not promote or facilitate illegal activity.

7.3 Platform Moderation

The Company provides automated content moderation as a baseline service for public games. This automated moderation supplements, but does not replace, the Creator's moderation responsibilities. The Company reserves the right to override Creator moderation decisions and to remove content or suspend games that violate these Terms.

7.4 No Endorsement

Creating a game on the Platform does not imply any endorsement, sponsorship, or affiliation by the Company. Creators may not represent or imply any such relationship without our express written authorization.

8. Skill-Based Contests and Prizes

8.1 Nature of Contests

Games on the Platform are skill-based contests. Outcomes are determined by participants' prediction accuracy and analytical ability accumulated over the course of a game. The Platform does not offer gambling, sports betting, or single-outcome wagering. The Company does not accept wagers and does not act as a bookmaker or gambling operator.

8.2 Future Prize Pools

The Platform may in the future offer prize pools or other rewards for certain contests. If and when prizes are offered, additional terms and conditions will be published governing eligibility, entry, prize structure, and distribution. Such additional terms will supplement and be incorporated into these Terms. Participation in any prize contest will be subject to all applicable laws and regulations governing skill-based competitions in your jurisdiction.

8.3 Fair Play

The integrity of our contests depends on fair play. Any attempt to manipulate outcomes, collude with other participants, use prohibited tools or information sources, or otherwise gain an unfair advantage will result in disqualification and may result in permanent account termination. We reserve the right to void results and withhold prizes in cases of suspected fraud or manipulation.

9. Third-Party Services and Links

The Platform may integrate with or contain links to third-party websites, services, or content. These integrations and links are provided for your convenience only. We do not control, endorse, or assume responsibility for any third-party services or content. Your use of third-party services is governed by their respective terms and privacy policies. We encourage you to review the terms and privacy policies of any third-party services you access through the Platform.

Our use of third-party service providers to operate the Platform (such as authentication providers, cloud infrastructure services, and analytics tools) is governed by our agreements with those providers and our Privacy Policy.

10. Disclaimers and Limitation of Liability

10.1 Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not guarantee the accuracy, completeness, or timeliness of any content on the Platform, including game results, scores, or leaderboard data.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

10.3 Basis of the Bargain

The disclaimers and limitations set forth in this section reflect a fair and reasonable allocation of risk between you and the Company and form an essential basis of the bargain between us. The Platform would not be provided to you without these limitations.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: your use of the Platform; your User Content; your violation of these Terms; your violation of any applicable law or regulation; your violation of any third party's rights, including intellectual property or privacy rights; or any dispute between you and another user of the Platform.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@itshappening.live and attempt to resolve the dispute informally for at least thirty (30) days. Most concerns can be resolved quickly and to your satisfaction through informal communication.

12.2 Binding Arbitration

If we are unable to resolve a dispute informally, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved exclusively through binding individual arbitration, rather than in court, except that either party may bring qualifying claims in small claims court. Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted in the English language and shall take place in the State of Connecticut or, at your election, by telephone, video conference, or based on written submissions.

12.3 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

12.4 Arbitration Fees

Payment of arbitration fees shall be governed by the AAA's Consumer Arbitration Rules. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, the arbitrator may award the prevailing party its costs and fees (including attorneys' fees). Otherwise, each party shall bear its own costs.

12.5 Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to legal@itshappening.live within thirty (30) days of first accepting these Terms. Your notice must include your name, account username, email address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, neither you nor the Company will be bound by the arbitration provisions, and any disputes will be resolved in the courts identified in Section 13.4.

13. General Provisions

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of laws principles.

13.2 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms incorporated by reference, constitute the entire agreement between you and the Company regarding your use of the Platform and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

13.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.

13.4 Jurisdiction and Venue

For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in the State of Connecticut. You waive any objection to the exercise of jurisdiction over you by such courts and any objection to venue in such courts.

13.5 Waiver

The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by the Company.

13.6 Assignment

You may not assign or transfer these Terms or your rights under these Terms without the Company's prior written consent. The Company may assign or transfer these Terms without restriction.

13.7 Notices

We may provide notices to you via the email address associated with your account, through the Platform's interface, or by other reasonable means. You may provide notices to us by emailing legal@itshappening.live.

13.8 Force Majeure

The Company shall not be liable for any failure or delay in the performance of its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, government actions, power failures, internet or telecommunications failures, or third-party service outages.

13.9 Survival

The following sections shall survive any termination of these Terms: Section 6 (User Content and Intellectual Property), Section 10 (Disclaimers and Limitation of Liability), Section 11 (Indemnification), Section 12 (Dispute Resolution), and Section 13 (General Provisions).

14. Termination

14.1 Termination by You

You may terminate these Terms at any time by deleting your account through the Platform's settings. Termination of your account does not relieve you of any obligations incurred prior to termination.

14.2 Termination by Us

We may suspend or terminate your account and access to the Platform at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to: violation of these Terms, fraudulent or illegal activity, extended periods of inactivity, or discontinuation of the Platform.

14.3 Effect of Termination

Upon termination, your right to use the Platform immediately ceases. We may retain or delete your data in accordance with our Privacy Policy. Provisions that by their nature should survive termination shall remain in effect, as described in Section 13.9.

15. Copyright Complaints

We respect the intellectual property rights of others. If you believe that content on the Platform infringes your copyright, please submit a notification in accordance with the Digital Millennium Copyright Act ("DMCA") to our designated agent at legal@itshappening.live. Your notification must include: a description of the copyrighted work you claim has been infringed; identification of the material you claim is infringing and its location on the Platform; your contact information; a statement that you have a good faith belief the use is not authorized; and a statement under penalty of perjury that the information in your notification is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

We will respond to valid DMCA notices in accordance with applicable law, which may include removing or disabling access to the allegedly infringing content and, in appropriate circumstances, terminating the accounts of repeat infringers.

16. Contact Us

If you have any questions about these Terms of Service, please contact us:

McKenna Digital LLC

Email: legal@itshappening.live

Privacy inquiries: privacy@itshappening.live

Website: itshappening.live