Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the website located at amerikeen.com (the “Website”) and any services provided by AMERIKEEN LLC (“AMERIKEEN,” “we,” “us,” or “our”), an Arizona limited liability company. By accessing or using the Website or our services, you agree to be bound by these Terms. Users must be 18 years or older. If you do not agree, do not use the Website or services.

1. Use of the Website & Services

We collect information that you provide directly to us, such as when you fill out forms, sign up for services, or communicate with us. This may include the following permissions:

• Copying, modifying, distributing, or reproducing any content without our written permission.
• Interfering with the Website’s functionality, security, or performance.
• Using the Website for any illegal or unauthorized purpose.
• Transmitting viruses, malware, or harmful code.

We offer AI consulting and AIOS (AI operating system) deployment services — including discovery, proposal, audit, build, and ongoing management engagements — along with a public Website, an interactive demo, and an AI assistant. Use of the Website does not create a client relationship unless a separate agreement is executed.

Free strategy sessions are informational and do not create a client relationship unless a separate agreement is executed.

2. The Demo & AI Outputs

The interactive Command Center demo, voice assistant, and any AI-generated content on the Website are a directional sketch — a visualization of what an AIOS could look like for your operation. They are not a finished product, not personalized to your business, and not a substitute for professional, legal, financial, or medical advice.

AI outputs may be inaccurate, incomplete, or out of date. You are responsible for verifying any information before acting on it. We disclaim liability for decisions made in reliance on the demo or assistant outputs.

3. User Accounts & Information

If you create an account, you must provide accurate information and keep it updated. You are responsible for maintaining the confidentiality of your account credentials. As stated above, users must be 18 years or older.

By providing your contact information (e.g., email, phone number), you consent to receive transactional communications from us, such as service updates or appointment confirmations, via email, phone calls, or SMS. Marketing communications require separate opt-in consent.

4. SMS Messaging Program

AMERIKEEN SMS Program. The AMERIKEEN SMS Program provides updates, marketing messages, promotions, and service notifications related to our digital marketing services, such as appointment reminders, special offers, and campaign updates.

You can cancel the SMS service at any time. Just text “STOP” to (878) 879-4999. Upon sending “STOP,” we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us.

To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.

If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to info@amerikeen.com.

Carriers are not liable for delayed or undelivered messages.

As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.

For privacy-related inquiries, please refer to our Privacy Policy.

We comply with industry standards, including those set by the CTIA, and all applicable laws, such as the Telephone Consumer Protection Act (TCPA).

5. Intellectual Property

All content on the Website, including text, graphics, logos, and software, is owned by us or our licensors and protected by copyright, trademark, and other intellectual-property laws.

You are granted a limited, non-exclusive license to access and use the content for personal, non-commercial purposes. No intellectual-property rights are transferred.

You retain ownership of the content you submit to us. By submitting content, you grant us a limited license to use it for the purpose of providing the requested services.

5A. DMCA Notices

Send copyright-infringement notices under 17 U.S.C. §512(c) to info@amerikeen.com, subj. “DMCA Notice,” including the elements required by §512(c)(3). Our designated agent is Jeff Keen, AMERIKEEN LLC, Scottsdale, AZ. We will respond consistent with the DMCA’s notice-and-takedown procedure.

6. Disclaimers & Limitations of Liability

The Website and services are provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.

Except for (a) a party’s indemnification obligations, (b) breach of confidentiality, (c) willful misconduct or gross negligence, (d) infringement of the other party’s intellectual property, and (e) any liability that cannot be limited under applicable law, each party’s aggregate liability arising out of or relating to these Terms shall not exceed the fees paid by you to AMERIKEEN in the twelve (12) months preceding the event giving rise to the claim. Neither party is liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, revenue, or data.

7. Indemnification

You will defend, indemnify, and hold harmless AMERIKEEN LLC and its officers, members, and contractors from and against any third-party claims, damages, and reasonable attorneys’ fees arising out of (a) your misuse of the Services, (b) your violation of these Terms, (c) your violation of applicable law, or (d) your infringement of third-party rights. AMERIKEEN will (i) promptly notify you of the claim, (ii) give you sole control of the defense (with counsel reasonably acceptable to AMERIKEEN), and (iii) reasonably cooperate at your expense. You may not settle any claim that imposes liability or admission on AMERIKEEN without its written consent.

8. Termination

We may suspend or terminate your access to the Website or services at any time, for any reason, without notice.

9. Governing Law

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law principles. Dispute resolution is governed by Section 10.

10. Disputes; Arbitration; Class Waiver

Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Maricopa County, Arizona, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

You and AMERIKEEN waive any right to participate in a class, collective, or representative action.

Carve-outs. Either party may seek injunctive or equitable relief in the state or federal courts located in Maricopa County, Arizona for (a) actual or threatened infringement of intellectual property rights or (b) breach of confidentiality. Venue and personal jurisdiction for any non-arbitrable matter lie exclusively in Maricopa County.

11. Changes to These Terms

We may update these Terms from time to time. Changes will be posted on the Website with the updated effective date. Continued use constitutes acceptance.

11A. Force Majeure

Neither party is liable for failure or delay caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, government action, internet or utility outage, or third-party-service failure (including failures of Vercel, Cloudflare, Zoho, xAI, or Anthropic).

11B. Miscellaneous

Survival. Sections on intellectual property, disclaimers, limitations of liability, indemnification, arbitration, and governing law survive termination of these Terms.

Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect.

Entire Agreement. These Terms, together with the Privacy Policy and any executed SOW or MSA between the parties, constitute the entire agreement and supersede all prior understandings on the subject matter.

Assignment. You may not assign these Terms without our prior written consent. AMERIKEEN may assign in connection with a merger, acquisition, reorganization, or sale of substantially all of its assets.

Notices. Notices to AMERIKEEN should be sent to info@amerikeen.com. Notices to you may be sent to the email address on file.

12. Contact Us

For questions, contact AMERIKEEN LLC at info@amerikeen.com.