Terms of Service

Last updated: 2026-05-13

These Terms of Service ("Terms") are a contract between you and Molokai Tech Services LLC ("we," "us"), a Hawaii limited liability company, governing your use of Molokai Cellular and related services (the "Service"). By creating an account, signing up for a plan, using a SIM or eSIM we provide, or otherwise accessing the Service, you agree to these Terms.

1. Eligibility

You must be at least 18 years of age and a resident of the United States to subscribe to paid services. You must provide accurate identifying information and keep it current.

2. Your account

You are responsible for all activity under your account. Don't share credentials. Notify us immediately at [email protected] if you believe your account has been compromised.

3. The Service

We offer cellular service on the T-Mobile network (data, voice, SMS), business phone service via SIP/VoIP, and ancillary products. Specific features and coverage depend on the plan you select and the network conditions in your area. T-Mobile coverage is provided through our carrier or MVNE partner; outages, throttling at plan high-speed caps, and de-prioritization during congestion are governed by the underlying carrier's network.

4. Pricing, fees, taxes, and renewal

Subscriptions are billed in advance, monthly, on the day you sign up. The plan price you see at checkout is the full price you pay each month. We have elected to absorb applicable government taxes and regulatory fees into the listed price; we remit those amounts to the appropriate authorities on your behalf. Fees absorbed into the listed price include:

Hawaii General Excise Tax (GET).
Federal Universal Service Fund (USF) contribution.
State and local 911 surcharges.
Federal Telecommunications Relay Service (TRS) fee.

If applicable tax or fee rates change materially, or if new regulatory charges are imposed, we may adjust pricing on 30 days written notice (email to the address on file is sufficient). Your subscription renews automatically each month until you cancel. Cancellations take effect at the end of the current billing period.

5. Payment processing

All payments are processed by Stripe under their end-user terms. By providing payment information you authorize us, through Stripe, to charge the card or bank account on file for the recurring subscription and any applicable taxes and fees.

If a payment fails, we will retry per Stripe's standard schedule. After 14 days of past-due status, service may be suspended; after 30 days, the subscription may be cancelled and the line(s) reclaimed.

6. Acceptable use

Your use of the Service is governed by our Acceptable Use Policy, which is incorporated into these Terms by reference. Violations may result in immediate suspension or termination.

7. Emergency calling and 911

IMPORTANT: 911 calling on cellular and VoIP services has limitations compared to traditional landline 911:

You must keep your registered service address current. We use the address on file to route 911 emergencies under the FCC's Kari's Law and RAY BAUM's Act rules.
Calls placed from outside your registered area, over Wi-Fi calling, or via a softphone on a non-Hawaii network may route to a 911 center that does not match your physical location. Always be prepared to state your physical address to the dispatcher.
911 service depends on cellular network availability, device power, and (for VoIP) internet connectivity. If any of those fail, 911 may not connect.
If you do not maintain a valid registered address, 911 routing may not be available.

8. Number porting

Port-in (bringing your number to us): Number port-in to Molokai Cellular is not currently supported. New cellular customers receive a freshly assigned 808 Hawaii number at activation. Port-in support depends on our carrier partner and will be enabled when we add a porting-capable network operator; you can join the porting waitlist on our cellular plans page.

Port-out (taking your Molokai Cellular number to another carrier): You may port your assigned 808 number out to another carrier at any time, consistent with FCC rules. Outbound port requests are honored within one business day of receipt of a valid port-out request from your new carrier. We do not impose port-out fees.

Business phone (FreePBX/Twilio) product: The separate Business Phone Service product runs on a different stack (Twilio + FreePBX) and may support port-in independent of the cellular product; see the Business Phone page for details.

9. Intellectual property

The Molokai Cellular site, software, and brand materials are owned by us and protected by U.S. and international law. You retain ownership of any content you submit to us; you grant us a limited license to use that content only as necessary to deliver the Service.

10. Disclaimers

EXCEPT AS REQUIRED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We do not warrant that the Service will be uninterrupted or error-free, or that messages, calls, or data sessions will always succeed.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. We are not liable for indirect, incidental, special, consequential, or punitive damages.

12. Indemnification

You agree to indemnify and hold us harmless from any claim arising out of your violation of these Terms, your violation of law, or your misuse of the Service.

13. Dispute resolution — binding arbitration; class action waiver

Any dispute arising out of or relating to these Terms or the Service that cannot be resolved through informal negotiation will be resolved through binding arbitration administered by the American Arbitration Association (AAA) in Honolulu, Hawaii, under the AAA Consumer Arbitration Rules. You and we both waive the right to a jury trial and the right to participate in any class or representative action.

You may opt out of arbitration by mailing a written opt-out notice to the address in Section 17 within 30 days of first agreeing to these Terms. Small-claims court is permitted as an alternative for claims within the court's jurisdiction.

14. Governing law

These Terms are governed by the laws of the State of Hawaii, without regard to its conflict of laws principles. Venue for any non-arbitrable dispute lies in the state and federal courts located in Honolulu, Hawaii.

15. Termination

You may cancel any time through the customer portal or by email. We may suspend or terminate your account for breach of these Terms, fraud, abuse, or non-payment, with or without notice. Sections that by their nature should survive termination (payment obligations, IP, disclaimers, limitation of liability, dispute resolution, governing law) survive.

16. Changes

We will notify you of material changes by email and by posting a notice on this page at least 30 days before the change takes effect. Continued use of the Service after the change takes effect constitutes acceptance.

17. Contact

Molokai Tech Services LLC
[Mailing Address — pending]
[email protected]
808-259-1615

18. Severability and entire agreement

If any provision of these Terms is held unenforceable, the remainder will continue in force. These Terms, together with the Privacy Policy, Refund Policy, and Acceptable Use Policy, are the entire agreement between you and us regarding the Service.

This page is a draft prepared for review by qualified legal counsel and may not constitute compliant disclosures in all jurisdictions. Molokai Tech Services LLC does not represent that the contents constitute legal advice or that they meet the requirements of any specific regulatory regime as of the date listed above.