Terms of Service

1. Agreement to these terms

These Terms of Service (the "Terms") are a contract between you and Mikasa Labs LLC, a California limited liability company ("Mikasa Labs LLC," "we," "us"), covering your use of Spell It Now at spellitnow.com (the "Service").

On your first visit the Service shows a notice telling you that choosing an option and continuing means you agree to these Terms and to the Privacy Policy, with both linked. Choosing an option there is your acceptance, and we record which version of these Terms you were shown. If you do not agree, do not use the Service.

If you use the Service on behalf of an organization, you represent that you have authority to accept these Terms for that organization, and "you" means that organization.

2. Order of precedence

These Terms, our Privacy Policy, and our Cookie Policy together govern your use of the Service. If they conflict on a question of how we handle information, the Privacy Policy controls, then the Cookie Policy. On anything else, these Terms control.

In these Terms, "Mikasa Parties" means Mikasa Labs LLC together with its members, managers, officers, employees, agents, contractors, licensors, and suppliers.

3. What the Service is

Spell It Now converts text into spelling-alphabet code words, converts code words back into text, and offers practice drills, a timed challenge, and reference articles about spelling alphabets. It supports the International Radiotelephony Spelling Alphabet (widely called the NATO or ICAO phonetic alphabet) and several national and historical alphabets.

The Service is a static website. It runs in your browser. It is provided "as is" and "as available."

4. Free service, no account

The Service is free. There is no account, no subscription, no fee, and nothing to buy. We do not collect payment information of any kind. If we ever introduce a paid feature, it will be governed by terms presented to you at that time, and using the free Service will never obligate you to pay for anything.

5. Eligibility

You must be at least 13 years old to use the Service. If you are under the age of majority where you live, you may use the Service only with the consent of a parent or guardian.

6. Acceptable use

The Service has no accounts, no uploads, and no way to publish anything to other people, so the list of things that can go wrong is short. You agree not to:

• Attempt to gain unauthorized access to the Service or any related system, or probe, scan, or test its security.
• Interfere with or disrupt the Service or the infrastructure it runs on, including through denial-of-service attempts.
• Scrape the Service or access it through automated means at high volume without our written permission.
• Use the Service to do anything unlawful, fraudulent, or harmful to others.
• Circumvent any security or access control, or remove or obscure any proprietary notice.
• Click on, or artificially generate impressions of, any advertisement displayed on the Service, or encourage anyone else to do so.

We may take technical measures to restrict access, including blocking traffic, where conduct of this kind is ongoing or harmful.

7. Your text

You keep every right you have in the text you type into the Service. We do not claim any license to it, because we never receive it: conversion happens entirely in your browser and your text is not transmitted to us. See the Privacy Policy for the detail, including how the Share feature works.

You are responsible for the text you enter and for having the right to use it.

8. Accuracy, and no reliance for safety-critical use

We take accuracy seriously, and the alphabet data in the Service is drawn from published international standards and historical sources. Even so, the Service is a convenience and learning tool. We do not warrant that its output, its articles, or its pronunciation guidance are accurate, complete, current, or fit for any particular purpose, and standards change.

The Service is not certified, approved, or endorsed by any aviation, maritime, military, emergency-services, or telecommunications authority. It is not an operational tool. You must not rely on it as a source of authority for, and you agree not to use it as your sole basis for:

• Air traffic control, flight operations, or any aeronautical communication.
• Maritime or distress communication.
• Emergency dispatch, emergency response, or the transmission of an address or callsign in an emergency.
• Military or law-enforcement communication.
• Any medical, financial, legal, or other communication where a transcription error could cause harm or loss.

For any of those purposes, the operative authority is the published standard and the procedure your organization or regulator requires, not this website.

9. Intellectual property

The Service, including its software, design, articles, and the Spell It Now name and branding, is owned by Mikasa Labs LLC and protected by intellectual property law. You may use the Service for personal or internal business purposes. You may not copy, modify, distribute, sell, or create derivative works from the Service without our permission.

The spelling-alphabet data itself consists of facts drawn from public standards, and we claim no ownership of those standards. Fonts used in the Service are licensed under the SIL Open Font License.

10. Third-party standards, trademarks, and non-affiliation

The Service references spelling alphabet systems and standards for educational and utility purposes. Names including "NATO," "ICAO," "LAPD," "Western Union," and "DIN" are used solely to identify the respective systems and remain the property of their owners or standards bodies.

Spell It Now is an independent service. It is not affiliated with, endorsed by, sponsored by, or approved by any organization whose alphabet systems or standards it references, including the North Atlantic Treaty Organization, the International Civil Aviation Organization, the International Telecommunication Union, the Los Angeles Police Department, Western Union Holdings, Inc., or the Deutsches Institut fuer Normung. All third-party trademarks, service marks, and trade names are the property of their respective owners.

11. Third-party services and advertising

The Service uses Google services: Firebase Hosting to serve the site, Firebase Analytics if you allow analytics, and Google AdSense. Every page loads Google's AdSense library because Google requires it in order to review a site for its advertising program; no advertisements are currently displayed. What that means for your information, including what Google receives regardless of your consent choice, is set out honestly in our Privacy Policy and Cookie Policy.

Those providers operate under their own terms and privacy policies. We are not responsible for their services, and any advertisement that may in future appear on the Service is not an endorsement by Mikasa Labs LLC of the advertiser or what it sells.

12. Privacy

Our Privacy Policy explains what happens to information when you use the Service. We signal your choice to Google's tags and we honor Global Privacy Control. Google's advertising library loads on every page whatever you choose, and what Google receives in that case is described in the Privacy Policy and Cookie Policy.

13. Availability, changes, and termination

We may change, suspend, or discontinue the Service, in whole or in part, at any time. We may withdraw your access if you breach these Terms or where necessary for security or operational reasons. The Service is free and you may stop using it at any time; that is the only termination right either of us needs.

The Service holds no account. What information is processed when you use the Service, how long it is kept, and how to ask us about it are set out in the Privacy Policy. Anything the Service saved on your own device is removed by clearing your browser's site data.

14. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. THE MIKASA PARTIES SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR ACCURATE.

Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you. Nothing in these Terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MIKASA PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED ONE HUNDRED US DOLLARS ($100). You acknowledge that the Service is provided free of charge and that this allocation of risk is a basic part of the bargain between us, without which the Service would not be offered.

Nothing in these Terms limits or excludes liability for fraud, for willful injury to the person or property of another, or for violation of law, and nothing in these Terms waives or limits any right you have under the California Consumers Legal Remedies Act or any other right that cannot lawfully be waived. Some jurisdictions do not allow certain limitations of liability, so parts of this section may not apply to you.

16. Indemnification

You agree to indemnify and hold harmless the Mikasa Parties from any claim, liability, damage, loss, or expense, including reasonable legal fees, arising out of your breach of these Terms or your violation of any law or of anyone else's rights. This does not apply to the extent the claim arises from the acts or omissions of a Mikasa Party.

17. Dispute resolution, arbitration, and class-action waiver

17.1 Consumers in the EEA, the United Kingdom, and Switzerland

This section 17 and the venue provisions of section 18 do not apply to you if you are a consumer resident in the European Economic Area, the United Kingdom, or Switzerland. You may bring proceedings in the courts of your country of residence, and Mikasa Labs LLC will bring proceedings against you only there. Nothing in these Terms deprives you of the protection of mandatory consumer-protection provisions of the law of your country of residence.

17.2 Informal resolution first

Before starting an arbitration, you agree to send us a notice of dispute at hello@spellitnow.com and give us 30 days to resolve it informally. We will do the same before starting one against you. A notice of dispute must be individually signed by the person bringing it and must state their name, a contact address, the facts of the dispute, and the relief sought.

All limitation periods are paused while the 30-day period runs, so using this step cannot cost you a claim.

17.3 Agreement to arbitrate

If we cannot resolve a dispute informally, you and Mikasa Labs LLC agree that any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. If the American Arbitration Association will not administer the dispute, you and Mikasa Labs LLC will agree on another established consumer arbitration provider, and failing agreement a court of competent jurisdiction may appoint one. The Federal Arbitration Act governs the interpretation and enforcement of this section.

The arbitration will be conducted in English. If you are an individual using the Service for personal purposes, the arbitration will take place in the county where you live, or by telephone or video conference, or by written submissions only, at your election. The arbitrator may award the same individual relief a court could, and the arbitrator's award may be entered as a judgment in any court of competent jurisdiction.

17.4 Exceptions

Either of us may bring a claim in small-claims court instead, if it qualifies. Either of us may also seek injunctive or other equitable relief in court to stop infringement or misuse of intellectual property.

Public injunctive relief. A claim for public injunctive relief under California law is not subject to arbitration. Such a claim is severed from any arbitration and may be brought in court, and the rest of this section 17 continues to apply to every other claim.

Nothing in this section prevents you from reporting a matter to a government agency or regulator.

17.5 Your right to opt out of arbitration

You can decline this arbitration agreement. Send us an email at hello@spellitnow.com within 30 days of first using the Service, with the subject line "Arbitration opt-out" and your name. That is all it takes.

Opting out costs you nothing. It does not affect your use of the Service in any way, and we will not treat you differently for it. If you opt out, neither you nor Mikasa Labs LLC is bound by this section 17, and disputes go to the courts identified in section 18. If you do not opt out, you and Mikasa Labs LLC are both bound by it.

17.6 Class-action waiver

YOU AND MIKASA LABS LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

17.7 Severability of this section

If any part of this section 17 is found unenforceable as applied to a particular claim or request for relief, that application is severed and proceeds in court, and the rest of this section 17 continues to apply to every other claim. If the class-action waiver in 17.6 is found unenforceable as to a particular claim, that claim proceeds in court and the remaining claims stay in arbitration.

18. Governing law and venue

These Terms are governed by the laws of the State of California, without regard to its conflict of law rules. For any dispute not subject to arbitration, you and Mikasa Labs LLC consent to the exclusive jurisdiction and venue of the state and federal courts located in California.

If you are a consumer resident in the European Economic Area, the United Kingdom, or Switzerland, section 17.1 applies and this section does not limit where you may bring proceedings.

19. Export control and sanctions

You may not use the Service if you are located in, or are a national of or ordinarily resident in, a country or territory subject to comprehensive US sanctions, or if you appear on any US government restricted-party list. We do not currently screen traffic by location; this is an obligation on you, not a control we operate.

20. Changes to these Terms

We may update these Terms. If we make a material change we will update the effective date at the top of this page and reset the site's privacy banner, so you are asked again rather than having an old acceptance carried over, and the change takes effect no earlier than 30 days after that date. Continuing to use the Service after a change takes effect means you accept the updated Terms. If you do not accept them, stop using the Service; because the Service is free and has no account, that is a complete remedy.

No change to these Terms applies to any claim or dispute that had already arisen before the change took effect, whether or not we knew about it. In particular, a change to section 17 does not apply to a dispute arising before that change took effect.

21. General

• Severability. If a provision is found unenforceable, it is modified to the minimum extent necessary or severed, and the rest of the Terms stay in effect.
• No waiver. If we do not enforce a provision, that is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither of us is liable for a failure to perform caused by something outside our reasonable control.
• Survival. Sections 7 through 19 and 22 through 24, and this section, survive any termination of these Terms.
• Entire agreement. These Terms, with the Privacy Policy and Cookie Policy, are the entire agreement between you and Mikasa Labs LLC about the Service, and replace any earlier version.
• No third-party beneficiaries. These Terms create no rights for anyone other than you, Mikasa Labs LLC, and the Mikasa Parties, who may enforce sections 14, 15, and 16.
• Feedback. If you send us a suggestion, idea, or feature request, you grant Mikasa Labs LLC a perpetual, irrevocable, worldwide, royalty-free licence to use it without restriction or obligation to you. Do not send us anything you consider confidential.

22. Time limit for claims

Any claim relating to the Service must be brought within one year after it arises, except where a longer period is required by law that cannot be shortened by agreement.

23. Notices and contact

Notices to you may be given by posting on the Service. Notices to us, including any notice of dispute under section 17, must be sent to hello@spellitnow.com, which is monitored by a person.

Notices may also be sent by mail to Mikasa Labs LLC, 37010 Dusterberry Way 546, Fremont, CA 94536, United States. A notice is effective on receipt.

24. California disclosures

Provider: Mikasa Labs LLC, 37010 Dusterberry Way 546, Fremont, CA 94536, United States. Telephone: (510) 396-6352.

The Service is provided free of charge; there are no fees and nothing is sold to users through it.

To resolve a complaint, contact us at hello@spellitnow.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

General questions: contact us.