Terms of Service

Effective June 9, 2026 · Last updated June 9, 2026

These Terms of Service ("Terms") are a binding agreement between you ("you", "your") and Choke Spots ("we", "us", "our"), the operator of the website at chokespots.com and the related appointment-monitoring and booking service (the "Service"). By creating an account, putting a card on file, or using the Service, you agree to these Terms and to our Privacy Policy and Refund Policy. If you do not agree, do not use the Service.

1. Not a government service (please read first)

Choke Spots is a private, independent service. We are NOT affiliated with, endorsed by, or sponsored by the State of Hawaii, any county, the Hawaii Department of Transportation, any Division of Motor Vehicles / Motor Vehicle Licensing office, or any other government agency. "DMV" and similar terms are used only to describe the appointments we help you obtain. We do not issue, control, or guarantee any government appointment, license, permit, or document. You can book a DMV appointment yourself, at no charge, through your county's official DMV system. Our $29 fee is solely for the optional convenience of our monitoring-and-booking service - it is not a charge for the appointment itself, which is and always will be free from the government.

2. What the Service does

The Service helps you obtain a Hawaii motor-vehicle appointment by:

Collecting your criteria. You tell our assistant ("Leo") what appointment you need - the service type, one or more preferred locations, and a date/time window (a range of acceptable dates and times, and optionally preferred weekdays). The Service matches a slot that falls within the window you provide and at one of your selected locations; it does not guarantee any single specific date, time, or location, and you accept any qualifying slot inside your stated preferences.
Monitoring availability. We automatically and repeatedly check for openings that fall within your criteria. If your criteria are narrow, we may suggest loosening them, but we will not change them without your action.
Booking on your behalf. When we find a qualifying slot, we automatically book it for you using the legal name and phone number you provided, acting as your agent (see Section 4).
Canceling a conflicting appointment (only with your authorization). The DMV generally allows one appointment per person. If the person the appointment is for already holds a qualifying DMV appointment, we will surface it and book a new one only after you expressly authorize us, in one tap, to cancel the existing one on their behalf. If you decline, we will not start the watch.
Notifying you. We notify you in-app always, by SMS if you opted in and verified your number, and by email (a receipt for everyone, and the primary notice for anyone who did not opt into SMS).

We do not guarantee that any qualifying slot will ever become available, that we will detect or secure it before someone else, or that the DMV will honor any booking. Availability is controlled entirely by the DMV.

We never acquire, hold, stockpile, resell, or transfer appointments. Every appointment is booked directly in your own legal name; we never take ownership of a slot, hold one in inventory, or sell or transfer one to anyone. We are paid for the work of monitoring and booking on your behalf, not for the appointment itself.

3. Eligibility & accounts

You must be at least 15 years old to hold an account. We do not verify age - the DMV verifies identity and eligibility, including age, at your actual appointment. You are responsible for booking only appointments you are eligible for.
You sign in through Google, Apple, or an email magic-link. You are responsible for keeping access to that login secure and for all activity under your account.
You may book for yourself or for another person you are authorized to act for - for example, a teen booking their own learner's permit or road test, or a parent or guardian booking for their teen. If you book for someone else, you confirm you have their (or their guardian's) consent to provide their information and to book or cancel on their behalf.

4. You appoint us as your limited agent

By starting a watch, you authorize Choke Spots to act as your limited agent solely to: (a) submit a DMV appointment request using the booking details you provide (legal first name, legal last name, and phone number, and - for some appointment types such as road tests - date of birth and permit number); and (b) cancel an existing DMV appointment that you have expressly identified and authorized us to cancel. This authorization is limited to these actions and ends when your watch ends. You can withdraw it at any time by canceling your watch before a booking occurs.

We cancel only the specific existing appointment you identify and approve, and we keep a record of that authorization - what you approved, which appointment, and the date and time you approved it. We will not cancel any other appointment.

Your information must be accurate. A DMV appointment must match the identity record the DMV uses for that appointment (such as the person's permit, ID, or license). You are solely responsible for the accuracy of the legal name, phone number, and criteria you provide. We are not responsible for an appointment that the DMV refuses or invalidates because your information did not match your ID, or because you provided incorrect criteria.

5. Fees & payment

The Service costs $29 per successful booking. You are charged only when we successfully book an appointment that falls within your stated criteria (your date/time window, one of your selected locations, and the service type you requested). If we never book a qualifying appointment, you are charged nothing.
At the booking-details step we save a payment method on file (via our payment processors). We do not place a hold on your funds. The saved card is charged off-session the moment we complete a qualifying booking.
Accepted methods may include Apple Pay, Google Pay, card, and (where available) Venmo. Card data is handled by our PCI-compliant processors; we do not store full card numbers. See the Privacy Policy.
By saving a payment method, you authorize us to charge the $29 fee off-session upon a successful qualifying booking, without further action from you.
Refunds are governed by the Refund Policy.

6. SMS / text messages

If you opt in to text messages, you consent to receive automated transactional texts from us (appointment-match alerts and booking confirmations) at the number you provide. We verify ownership of your number with a one-time passcode before texting you. Message and data rates may apply. Message frequency varies. Reply STOP to opt out at any time and HELP for help. Opting out of texts does not cancel your watch or stop in-app and email notifications. SMS consent terms are detailed in the Privacy Policy and at chokespots.com/sms-optin.

7. Acceptable use

You agree not to:

use the Service for anyone you are not authorized to represent, or provide false identity information;
resell, scrape, or build a competing service from ours, or access it by automated means except as we provide;
interfere with, overload, or attempt to circumvent the security of the Service or of the DMV's systems;
use the Service for any unlawful purpose or to violate the DMV's own terms of use.

We may suspend or terminate your access for any violation, for suspected fraud or abuse, or to comply with law.

8. Cancellations, no-shows & changes by the DMV

Once we book a qualifying appointment, attending it (or canceling/rescheduling it with the DMV) is your responsibility. We are not responsible for DMV-side changes, cancellations, closures, wait times, eligibility rules, document requirements, or anything that happens at your appointment. If the DMV cancels or changes an appointment we booked, that is outside our control.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT A QUALIFYING APPOINTMENT WILL BE FOUND OR BOOKED, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY APPOINTMENT WILL BE HONORED BY THE DMV.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHOKE SPOTS AND ITS OWNERS, OFFICERS, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST OPPORTUNITIES, MISSED APPOINTMENTS, OR TRAVEL COSTS. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) $50.

11. Indemnification

You agree to indemnify and hold harmless Choke Spots from any claim or demand arising out of your misuse of the Service, your violation of these Terms, your violation of any law, or your provision of inaccurate or unauthorized information about yourself or another person.

12. Changes to the Service or these Terms

We may modify the Service or these Terms at any time. If we make material changes, we will update the "Last updated" date and, where appropriate, notify you. Continued use after changes take effect means you accept the updated Terms.

13. Governing law & disputes

These Terms are governed by the laws of the State of Hawaii, without regard to its conflict-of-law principles. Before filing any claim, you agree to first contact us at david.cito.rodrigues@gmail.com and attempt to resolve the dispute informally for at least 30 days. Any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in Honolulu, Hawaii, and you consent to their jurisdiction and venue.

14. Contact

Choke Spots
Honolulu, HI
Support: david.cito.rodrigues@gmail.com
Legal: david.cito.rodrigues@gmail.com