Read these terms carefully. By accessing or using McCarthy’s AI, creating an account, or otherwise using the platform, you agree to be bound by these Terms of Service. If you do not agree, do not use the platform.
1.1 McCarthy’s AI (the “Platform”) is an online competition platform on which companies run AI-related competitions and individuals compete by submitting work. The Platform is operated by Verta Ventures Inc., a corporation existing under the laws of Ontario, Canada, with its registered address at 80 Mill Street, No. 1209, Toronto, Ontario, M5A 4T3, Canada (“McCarthy’s”, “we”, “us”, or “our”).
1.2 These Terms of Service (the “Terms”) form a binding agreement between you and McCarthy’s. They apply to everyone who uses the Platform, whatever their role.
1.3 Other agreements apply to you depending on how you use the Platform. These include the Privacy Policy, and, depending on your role, the Sponsor Agreement, the Participant Agreement, the Submission Terms, the Judge Agreement, and any competition-specific published rules. Where a role-specific agreement conflicts with these Terms on a matter specific to that role, the role-specific agreement controls for that matter.
2.1 “Account” means an account registered on the Platform.
2.2 “Competition” means an AI-related contest hosted on the Platform.
2.3 “Content” means any text, files, images, audio, video, code, data, or other material posted, uploaded, or transmitted to or through the Platform.
2.4 “Judge” means an individual who has registered a Judge account and has been invited by a Sponsor (or by McCarthy’s on behalf of a Sponsor) to assess Submissions in a Competition.
2.5 “Participant” means an individual who registers to compete in Competitions.
2.6 “Sponsor” means a company that funds and operates a Competition through McCarthy’s.
2.7 “Sub-Sponsor” means a third-party brand attached to a Sponsor’s Competition. Sub-Sponsors do not have Accounts and interact with the Platform only through the Sponsor.
2.8 “Submission” means work submitted by a Participant into a Competition.
2.9 “User”, “you”, or “your” means any person who accesses or uses the Platform.
3.1 Age. You must be at least eighteen (18) years old to create an Account or use the Platform. The Platform is not directed to, and may not be used by, anyone under 18.
3.2 Geographic restrictions. The Platform is operated from Canada. At this time, we do not offer the Platform to residents of Quebec, Canada. You may not use the Platform if you are located in, ordinarily resident in, or accessing the Platform from a country subject to comprehensive Canadian or United States sanctions, or if you are on a sanctions list applicable to McCarthy’s. Additional geographic restrictions may apply to particular Competitions.
3.3 Authority. If you use the Platform on behalf of a company or other entity, you represent that you are authorized to bind that entity to these Terms, in which case “you” refers to that entity.
3.4 Compliance. You must comply with all laws applicable to your use of the Platform.
4.1 Registration. To use most features, you must register an Account and provide accurate, current, and complete information. You must keep your information up to date.
4.2 One Account. Each individual may hold only one Participant Account. Each Sponsor entity may hold Accounts only as authorized by McCarthy’s. Duplicate, fake, or impersonating Accounts are prohibited.
4.3 Security. You are responsible for safeguarding your login credentials and for all activity under your Account. Notify us promptly at support@mccarthys.ai of any unauthorized use.
4.4 No transfer. You may not sell, rent, lend, or transfer your Account to any other person.
4.5 Accuracy and verification. We may verify your identity or information at any time and may suspend or close your Account if information is false, misleading, or cannot be verified.
5.1 Sponsors. Sponsors fund and operate Competitions. McCarthy’s is the legal host and operator of every Competition. Sponsors are bound by the Sponsor Agreement in addition to these Terms.
5.2 Participants. Participants compete by submitting work. Participants are bound by the Participant Agreement and, when they submit work, the Submission Terms, in addition to these Terms.
5.3 Judges. Judges are individuals invited by a Sponsor (or by McCarthy’s on behalf of a Sponsor) to assess Submissions in a Competition. Judges hold an Account so they can use platform judging tools, but they are not employees, contractors, or agents of McCarthy’s, and McCarthy’s does not pay Judges or assign them to Competitions. Any compensation arrangement is between the Judge and the Sponsor that invited them. Judges are bound by the Judge Agreement in addition to these Terms, which includes strict confidentiality and conflict-of-interest obligations.
5.4 Relationships between Users. McCarthy’s is not a party to, and is not responsible for, any relationship, agreement, communication, or transaction between Users that occurs outside the Platform, including any employment or contracting arrangement that a Sponsor may pursue with a Participant after a Competition, or any compensation arrangement between a Sponsor and a Judge.
This Section is our Acceptable Use Policy. You agree that you will not, and will not permit anyone acting on your behalf to, do any of the following:
6.4 Reporting. If you become aware of any violation of this Section, please report it to support@mccarthys.ai.
7.1 Your responsibility for Content. You are solely responsible for the Content you post, upload, or transmit. You represent that you have all rights necessary to provide that Content and that it does not violate these Terms or any law.
7.2 Submissions. Submissions are governed by the Submission Terms, which a Participant accepts at the moment of submitting work. Among other things, the Submission Terms assign intellectual property in each Submission to McCarthy’s. Please read the Submission Terms carefully before submitting any work.
7.3 Non-Submission Content. For Content other than Submissions (for example, profile information, messages, or feedback), you grant McCarthy’s a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, and use that Content as necessary to operate, provide, and improve the Platform.
7.4 No obligation to monitor. We are not obligated to monitor Content, but we may review, screen, or remove Content at our discretion as described in Section 8.
8.1 Our authority. To protect Users, the integrity of Competitions, and the Platform, McCarthy’s may, at its sole discretion and without needing the permission of any User, take any of the following actions at any time, with or without notice:
8.2 No liability for enforcement. We are not liable to you or any third party for any action taken in good faith under this Section, including removal of Content, disqualification, suspension, or the voiding of a Competition.
8.3 Effect on obligations. Removal of Content or a Submission, or termination of an Account, does not relieve you of obligations that accrued before the action or that survive by their nature, including the assignment and warranties in the Submission Terms.
9.1 Prohibited integrity violations. You must not engage in, attempt, or facilitate any of the following:
9.2 Investigations. We may investigate suspected integrity violations at any time and may require your cooperation, including the production of source files, drafts, logs, or other evidence. Failure to cooperate is itself a violation.
9.3 Consequences. Confirmed integrity violations may result in disqualification, forfeiture of any prize whether paid or owing, suspension or termination of your Account, disclosure of the violation to affected Sponsors, and referral to law enforcement where appropriate.
10.1 Ownership. The Platform, including its software, design, text, graphics, logos, and the “McCarthy’s AI” name and marks, is owned by McCarthy’s or its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are granted to you.
10.2 Limited license to you. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose.
10.3 Trademarks. You may not use the McCarthy’s name, logos, or marks without our prior written consent, except as necessary to refer to the Platform in a truthful, non-misleading way.
10.4 Feedback. If you provide feedback or suggestions about the Platform, you grant McCarthy’s a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.
11.1 Reporting claimed infringement. If you believe that Content on the Platform infringes your copyright or other intellectual property rights, please send a written notice to support@mccarthys.ai that includes: (a) your name and contact details; (b) identification of the work you claim is infringed; (c) identification of the Content you claim is infringing and its location on the Platform; (d) a statement that you have a good-faith belief that the use is not authorized; and (e) a statement that the information in your notice is accurate.
11.2 Our response. On receiving a complete notice, we will review it and may, at our discretion, forward the notice to the relevant User, remove or disable access to the Content, or take other action we consider appropriate. We will act consistently with our obligations under the Copyright Act (Canada) and other applicable law.
11.3 Repeat infringers. We may suspend or terminate the Accounts of Users who repeatedly infringe the intellectual property rights of others.
12.1 Participants. Participants are not charged a fee to create an Account or to compete in Competitions.
12.2 Sponsors. Sponsors pay fees as set out in the Sponsor Agreement and the applicable Sponsored Competition Addendum. Sponsor fees are non-refundable as set out in those documents.
12.3 Prizes. Prizes are paid by McCarthy’s to confirmed Winners as set out in the Participant Agreement. McCarthy’s is the legal host and operator of every Competition and pays prizes from its own funds.
13.1 Third-party services. The Platform may rely on or link to third-party services (for example, payment and analytics providers). Your use of those services may be subject to their own terms and privacy policies. We are not responsible for third-party services.
13.2 External links. Links to external websites are provided for convenience. We do not endorse and are not responsible for external websites or their content.
14.1 Responsible disclosure. If you discover a security vulnerability in the Platform, please report it promptly and privately to support@mccarthys.ai. Please give us a reasonable opportunity to investigate and address the issue before any public disclosure.
14.2 Rules. When investigating a potential vulnerability, you must not: access or modify data that is not yours; degrade or disrupt the Platform; or violate the privacy of any User. Good-faith research conducted in accordance with this Section and applicable law is welcomed; activity outside this Section is not authorized and may violate Section 6.
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MCCARTHY’S DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
15.1 No guarantees. McCarthy’s does not guarantee, and is not responsible for: (a) the outcome of any Competition; (b) the legitimacy, conduct, solvency, or intentions of any Sponsor or Sub-Sponsor; (c) the skill, identity, or conduct of any Participant; (d) any Sponsor’s use or misuse of any Submission or Participant data after a lawful export; (e) any prize dispute beyond the process defined in the applicable role agreements; (f) the availability, accuracy, or reliability of the Platform; or (g) any benefit, employment, or commercial result arising from use of the Platform.
15.2 Availability. We do not guarantee that the Platform will be uninterrupted, timely, secure, or error-free, and we may suspend the Platform for maintenance or other reasons.
THIS SECTION LIMITS MCCARTHY’S LIABILITY. PLEASE READ IT CAREFULLY.
16.1 Exclusion of indirect damages. To the maximum extent permitted by applicable law, McCarthy’s is not liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for loss of profits, revenue, goodwill, opportunity, or data, arising out of or relating to the Platform or these Terms, whether or not foreseeable and under any theory of liability.
16.2 Cap. To the maximum extent permitted by applicable law, McCarthy’s total aggregate liability arising out of or relating to the Platform or these Terms will not exceed: (a) for Sponsors, the total fees paid by the Sponsor to McCarthy’s in the twelve (12) months preceding the event giving rise to the claim; and (b) for Participants and all other Users, the greater of the total prize amount actually received from McCarthy’s in the twelve (12) months preceding the event or one hundred Canadian Dollars (CAD $100).
16.3 Consumer rights. Nothing in these Terms limits any right you have under mandatory consumer protection laws that cannot be lawfully limited. If any limitation is held unenforceable, it will apply to the maximum extent permitted, and the remainder of this Section will continue to apply.
16.4 Time limit. To the maximum extent permitted by applicable law, any claim against McCarthy’s must be brought within one (1) year of the event giving rise to the claim.
17.1 Your indemnity. To the maximum extent permitted by applicable law, you will defend, indemnify, and hold harmless McCarthy’s and its directors, officers, employees, contractors, and affiliates from and against any third-party claim, loss, damage, liability, or expense (including reasonable legal fees) arising out of or relating to: (a) your use of the Platform; (b) your Content or Submissions; (c) your breach of these Terms or any applicable role agreement; or (d) your violation of any law or third-party right.
17.2 Role agreements. Additional indemnities specific to Sponsors and Participants are set out in the Sponsor Agreement, the Participant Agreement, and the Submission Terms.
18.1 By you. You may stop using the Platform and close your Account at any time by contacting support@mccarthys.ai.
18.2 By us. We may suspend or terminate your access to the Platform or your Account at any time, with or without notice, if we reasonably believe you have breached these Terms or any applicable agreement, if required by law, or to protect the Platform or other Users.
18.3 Effect. On termination, your license to use the Platform ends. Provisions that by their nature should survive (including Sections 7.2, 9, 10, 15, 16, 17, 19, and 21, and obligations under the Submission Terms) will survive.
19.1 Governing law. These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles.
19.2 Informal resolution first. Before bringing any formal proceeding, you agree to contact support@mccarthys.ai and attempt in good faith to resolve the dispute for at least thirty (30) days.
19.3 Role-specific dispute terms. Specific dispute-resolution mechanisms apply to Sponsors (arbitration) under the Sponsor Agreement and to Participants (courts) under the Participant Agreement. Those role-specific mechanisms control for disputes within their scope. For all other disputes, the courts located in Toronto, Ontario have jurisdiction, and you consent to that jurisdiction and venue.
19.4 Class action waiver. To the maximum extent permitted by applicable law, you agree to resolve disputes with McCarthy’s only in your individual capacity and not as a plaintiff or class member in any class, consolidated, or representative proceeding.
19.5 Injunctive relief. We may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property, confidential information, or the integrity of the Platform.
20.1 We may update these Terms from time to time. If we make material changes, we will provide notice through the Platform or by email where appropriate. Changes take effect when posted unless stated otherwise. Your continued use of the Platform after changes take effect constitutes acceptance. If you do not agree to a change, you must stop using the Platform and may close your Account.
21.1 Entire agreement. These Terms, together with the Privacy Policy and any applicable role agreements and competition-specific rules, are the entire agreement between you and McCarthy’s regarding the Platform.
21.2 Assignment. You may not assign these Terms without our consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
21.3 Severability. If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
21.4 No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
21.5 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
21.6 No third-party beneficiaries. These Terms do not create rights for any person who is not a party, except as expressly stated.
21.7 Interpretation. “Including” means “including without limitation”. Headings are for convenience only.
21.8 Language. The English version of these Terms is the controlling version.
If you have any questions about these Terms, contact us at:
McCarthy’s AI (operated by Verta Ventures Inc.)
80 Mill Street, No. 1209, Toronto, Ontario, M5A 4T3, Canada
Email: support@mccarthys.ai
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