Terms of Service

Shrubs.me: operated by 2590700 Ontario Inc., doing business as Shrubs ("Shrubs," "we," "us," "our"). These Terms of Service ("Terms") govern your access to and use of the Shrubs.me website, applications, APIs, and related services (collectively, the "Service"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

These Terms form a legally binding contract between you and Shrubs. Read them carefully. Sections 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), 18 (Governing Law), and 19 (Dispute Resolution) limit our liability and affect your legal rights.

1. Definitions

• Shrub: a container or hub on the Service that holds Branches and organizes Content for display, distribution, or access control.
• Branch: a content module inside a Shrub, including files, images, video, links, embedded HTML, text, or blank-canvas content.
• Creator: a User who owns, administers, or publishes a Shrub or Branch.
• Viewer: a User or visitor who accesses a Shrub or Branch, whether signed in or not.
• Content: any data, file, text, image, video, link, HTML, code, or other material uploaded, embedded, linked, or otherwise made available through the Service.
• User: any person who accesses or uses the Service, including Creators and Viewers.
• Account: a registered account on the Service.
• Paid Plan: any subscription, seat, add-on, or paid feature offered by Shrubs.
• AI Assistant: a third-party artificial intelligence app or agent (for example ChatGPT, Claude or Grok) that you connect to your Account through the Shrubs AI connector.
• Agent Account: an Account created by an AI agent on behalf of the person or organization that runs it (its operator).

2. Eligibility and Accounts

You must be at least 16 years old, or the age of majority in your jurisdiction, whichever is higher, to create an Account. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms. You are responsible for:

• All activity on your Account, including activity by team members or sub-accounts under your control.
• Keeping your login credentials confidential.
• Notifying us promptly of any unauthorized access.
• Everything done in your Account by an AI Assistant you connect, or by any agent or automation you authorize.

We may refuse, suspend, or terminate Accounts at our discretion, including where we reasonably suspect misuse, fraud, abuse, or violation of these Terms.

3. The Service

Shrubs provides a modular platform for creating Shrubs and Branches to host, share, distribute, and monetize Content. Features include, without limitation:

• Creation and customization of Shrubs and Branches.
• File hosting, link aggregation, embedded HTML, and data-room functionality.
• Analytics on Viewer activity.
• Watermarking, waivers, and access controls.
• Collaboration and controlled sharing tools.
• Payment processing and monetization tools for Creators.
• Building and editing Shrubs through an AI Assistant you connect (the Shrubs AI connector).

The Service is provided on an evolving basis. We may add, remove, or modify features at any time.

4. User Content and License

5. Acceptable Use

You agree not to use the Service to:

• Upload or distribute Content that is unlawful, infringing, defamatory, fraudulent, or invasive of privacy.
• Distribute malware, phishing material, or exploit code.
• Circumvent authentication, access controls, rate limits, watermarks, or waivers.
• Reverse engineer, decompile, or attempt to extract source code, except to the extent permitted by law.
• Scrape, crawl, or harvest data from the Service without our written permission.
• Impersonate any person or entity, or misrepresent your affiliation.
• Send spam, chain messages, or unsolicited commercial communications.
• Use the Service to host content that sexually exploits or endangers minors.
• Resell, sublicense, or white-label the Service without a written agreement with us.
• Interfere with, overload, or degrade the Service or related infrastructure.

Violations may result in immediate suspension or termination, removal of Content, and referral to law enforcement where appropriate.

6. Embedded HTML and Hosted Sites

The Service allows Creators to embed HTML, scripts, and third-party code, and to host full sites inside a Shrub ("Embedded Content"). If you use this feature:

• You are solely responsible for all Embedded Content, including its security, compliance, privacy disclosures, cookie notices, and functionality.
• You must not use Embedded Content to distribute malware, run unauthorized cryptocurrency mining, phish users, track Viewers in a manner that violates law, or circumvent Shrubs' security controls.
• We may sandbox, restrict, disable, or remove Embedded Content that we reasonably believe poses a risk to Users, the Service, or third parties.
• Embedded Content served under the Shrubs.me domain does not make that content ours. Third parties dealing with Embedded Content deal directly with the Creator.
• You indemnify Shrubs for any claim arising from Embedded Content, including claims under consumer protection, data protection, IP, and advertising law.

7. Analytics and Viewer Tracking

The Service collects analytics about how Viewers interact with Shrubs and Branches, including identifiers, IP address, device and browser data, referrer, session duration, pages viewed, file opens, scroll depth, and engagement events ("Analytics Data").

• Creators: you can access Analytics Data for your Shrubs and Branches. When you share a Shrub, you are responsible for disclosing to Viewers that their activity may be tracked, where required by law (including GDPR, UK GDPR, Quebec's Law 25, and applicable US state privacy laws such as the CCPA/CPRA).
• Viewers: by accessing a Shrub or Branch, you acknowledge that Analytics Data may be collected and shared with the relevant Creator and with Shrubs.
• Our collection, use, and disclosure of personal information is governed by our Privacy Policy, incorporated by reference into these Terms.
• Creators must not use Analytics Data to harass, dox, re-identify, or discriminate against Viewers in ways prohibited by law.

8. Watermarking, Waivers, and Access Controls

Creators may apply watermarking (visible or invisible identifiers keyed to each Viewer session), signed waivers, NDAs, access codes, email gates, expiration, and other access controls to their Content.

• Viewers may not remove, alter, obscure, or circumvent watermarks or access controls.
• Viewers accepting an in-product waiver, NDA, or consent form are bound by the terms they accept. Shrubs records the acceptance event (timestamp, identity data, and IP) as evidence.
• Shrubs provides tooling to facilitate these controls but is not a party to any waiver, NDA, or agreement between Creators and Viewers, and does not guarantee their enforceability. Enforceability depends on the specific agreement, jurisdiction, and facts.
• Creators are responsible for the legality and enforceability of any waiver, NDA, or consent form they deploy. We recommend review by qualified counsel.

9. Paid Plans, Billing, and Payouts

10. Third-Party Services

The Service integrates with or links to third-party services (including payment processors, storage, analytics providers, embed sources, and AI Assistants you connect). Your use of those services is governed by their own terms. Shrubs is not responsible for third-party services.

11. AI Assistants and Automated Access

You can connect an AI Assistant to your Account through the Shrubs AI connector, so it can build and edit Shrubs on your instructions. When you do:

• You choose the access. You decide which Shrubs, files and ShrubDrive folders the AI Assistant can reach and whether it can make changes. You can change this or disconnect it at any time from Connected AI apps in your Account. Anything it does within that access is treated as done by you.
• Your AI provider handles what it receives. Content you let the AI Assistant reach is sent to the company that provides it and is handled under that company's own terms and privacy policy. AI Assistants are not operated or controlled by Shrubs, and we are not responsible for their output, availability, or how their providers use your Content.
• Check before you publish. AI Assistants can make mistakes. Shrubs asks for your confirmation before an AI Assistant makes Content public or removes Branches, and keeps recent versions so changes can be undone, but you are responsible for reviewing what is published from your Account.
• Agent Accounts. An AI agent may create an Agent Account only on behalf of an operator who accepts these Terms. The operator is bound by these Terms and is responsible for the Agent Account, everything done in it, and any fees. We may limit, suspend, or close Agent Accounts at our discretion.
• Automated access. Automated access is allowed only through the connector and interfaces we provide, within the limits we set. Scraping, bulk extraction, or attempts to get around limits, permissions, or confirmations are not allowed.
• No AI training. Shrubs does not use your Content to train artificial intelligence models, and does not send your Content to any AI provider unless you connect one.

12. Intellectual Property

Shrubs owns and retains all rights in the Service, including the software, design, trademarks, logos, and "Shrubs," "Shrub," and "Branch" marks as used by us. These Terms do not transfer any Shrubs IP to you, other than the limited right to use the Service during your subscription.

Feedback you provide is non-confidential and may be used by Shrubs without restriction or compensation.

13. Copyright Complaints (DMCA and Equivalent)

Shrubs responds to notices of alleged copyright infringement consistent with the US Digital Millennium Copyright Act (17 U.S.C. § 512) and analogous Canadian law (including the Copyright Act's notice-and-notice regime). Send notices to our designated agent:

• Email: [email protected]
• Subject line: Copyright Notice

Your notice must include the information required by Section 512(c)(3) of the DMCA, including identification of the work, the infringing material, your contact information, a good-faith statement, a statement of accuracy under penalty of perjury, and your signature. We may remove or disable access to allegedly infringing Content and may terminate repeat infringers.

14. Disclaimers

The Service is provided "as is" and "as available." To the maximum extent permitted by law, Shrubs disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted or error-free operation. We do not warrant that Content or Embedded Content is accurate, lawful, or safe.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the exclusions apply to the greatest extent permitted.

15. Limitation of Liability

To the maximum extent permitted by law:

• Shrubs will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, or business opportunity, even if advised of the possibility of such damages.
• Shrubs' total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amounts you paid to Shrubs in the twelve (12) months preceding the event giving rise to the claim, or (b) CAD $100.

Nothing in these Terms limits liability that cannot be limited by law (including, for Canadian consumers, rights under applicable consumer protection legislation, and for California residents, any non-waivable rights).

16. Indemnification

You will defend, indemnify, and hold harmless Shrubs and its officers, directors, employees, and agents from any claim, loss, damage, liability, cost, or expense (including reasonable legal fees) arising from or related to: (a) your Content or Embedded Content; (b) your use of the Service; (c) your violation of these Terms; (d) your violation of law or third-party rights; or (e) any waiver, NDA, or agreement you enter with Viewers through the Service.

17. Termination

You may terminate your Account at any time by cancelling in your settings. We may suspend or terminate your access at any time if you violate these Terms, create legal or security risk, or if we discontinue the Service. On termination:

• Your right to use the Service ends.
• We may delete your Account and Content after a reasonable retention period, except where retention is required by law or legitimate business purposes (e.g., records of paid transactions, fraud prevention).
• Sections that by their nature should survive (including 4.2 license for archival, 11, 13–15, 17, 18, and 19) will survive termination.

18. Governing Law

These Terms are governed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. US carve-out. For Users resident in the United States, the following applies in addition:

• Claims brought by US residents may, at the User's election, be governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws rules, except that mandatory consumer protection law of the User's state of residence still applies.
• US residents retain all non-waivable rights under the CCPA/CPRA and any other applicable US state privacy law, and nothing in these Terms purports to waive those rights.

The UN Convention on Contracts for the International Sale of Goods does not apply.

19. Dispute Resolution

20. Changes to These Terms

We may update these Terms. Material changes will be notified by email, in-product notice, or by posting an updated version at least 14 days before they take effect for existing Accounts, unless an earlier effective date is required by law or to address a security issue. Continued use of the Service after the effective date constitutes acceptance.

21. General

• Entire agreement. These Terms, together with the Privacy Policy, Acceptable Use Policy, and any order form or plan-specific terms, are the entire agreement between you and Shrubs.
• Assignment. You may not assign these Terms without our consent. We may assign freely, including in connection with a merger, acquisition, or asset sale.
• Severability. If any provision is unenforceable, the remainder stays in effect.
• No waiver. Failure to enforce a provision is not a waiver.
• Notices. We may send notices via email or in-product. You may send notices to [email protected].
• Force majeure. Neither party is liable for delays or failures caused by events outside reasonable control.
• Relationship. The parties are independent contractors. No agency, partnership, or joint venture is created.
• Export and sanctions. You represent that you are not located in, and will not use the Service from, a country subject to comprehensive Canadian or US sanctions, and that you are not on any restricted-party list.
• Language (Quebec). The parties have expressly requested that these Terms and all related documents be drafted in English. Les parties ont expressément demandé que ces conditions et tous les documents y afférents soient rédigés en anglais.

22. Contact

2590700 Ontario Inc. (d/b/a Shrubs)

Toronto, Ontario, Canada

Contact: [email protected]