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Terms of Use

Effective Date: May 2026 · Last Updated: May 2026

1. Acceptance

By accessing or using Floodfolio (the "Service"), you agree to these Terms of Use ("Terms"). If you do not agree, do not use the Service. These Terms constitute a legally binding agreement between you and Floodfolio ("Floodfolio," "we," "us," or "our").

2. Service Description

Floodfolio is a data aggregation service that retrieves and presents official government flood data for residential addresses within the 5-county Houston metropolitan area (Harris, Galveston, Brazoria, Fort Bend, and Montgomery counties). Data is sourced from:

  • FEMA National Flood Hazard Layer (NFHL)
  • USGS 3D Elevation Program (3DEP) LIDAR dataset — 2018 Texas Coastal survey
  • OpenFEMA National Flood Insurance Program (NFIP) claims database

Floodfolio is not affiliated with, endorsed by, or operating on behalf of FEMA, USGS, or any government agency.

3. What Floodfolio Is Not

Not a Standard Flood Hazard Determination (SFHD)

Floodfolio does not produce Standard Flood Hazard Determinations as defined under the National Flood Insurance Reform Act of 1994, 42 U.S.C. § 4104b. Floodfolio reports do not satisfy the flood zone determination requirements imposed on lenders making federally-backed mortgage loans. Do not present a Floodfolio report to a lender as a substitute for a certified flood zone determination.

Not a FEMA Elevation Certificate

Floodfolio provides elevation estimates derived from USGS LIDAR data with a typical vertical accuracy of ±1–2 feet (RMSE). These estimates are not licensed surveys and do not constitute FEMA Elevation Certificates. If an Elevation Certificate is required for insurance rating, permitting, or LOMA purposes, engage a licensed land surveyor.

Not a Consumer Report

Floodfolio reports are not "consumer reports" as defined by the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681a(d). Floodfolio reports may not be used, in whole or in part, as a factor in determining any person's eligibility for credit, insurance, employment, or housing.

Not Professional Advice

Nothing in a Floodfolio report constitutes legal, insurance, engineering, real estate, or financial advice. Floodfolio is not a licensed insurance agent, real estate broker, professional engineer, or attorney. Consult appropriately licensed professionals before making decisions about flood insurance coverage, property purchase, or building modifications.

4. Data Accuracy and Limitations

  • Elevation estimates are derived from the USGS 3DEP 2018 Texas Coastal LIDAR survey. Typical vertical accuracy is ±1–2 feet (RMSE). These estimates may not reflect post-survey grading, construction, fill, or other site modifications.
  • LIDAR coverage is approximately 87% of the 5-county service area. Addresses outside coverage will not receive an elevation estimate; Floodfolio will indicate when elevation data is unavailable.
  • FEMA flood zone boundaries reflect FEMA's current effective NFHL mapping. Zones may be updated by FEMA through Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMR) processes. Floodfolio does not reflect pending or unofficial map changes.
  • NFIP claims data is presented at ZIP code level and does not represent individual property claim history.
  • The risk score is Floodfolio's proprietary analytical index. It is not an official government rating and has not been reviewed or endorsed by any government agency. See our Risk Score Methodology for full details.

5. Permitted Uses

You may use Floodfolio reports for:

  • Personal due diligence in connection with a residential property you are considering purchasing or already own
  • General research into official flood data
  • Educational or informational purposes

6. Prohibited Uses

You may not use Floodfolio reports:

  • As a factor in any credit, insurance underwriting, employment, or housing eligibility decision (prohibited under FCRA)
  • As a substitute for an SFHD required by a lender under the National Flood Insurance Reform Act
  • As a substitute for a FEMA Elevation Certificate for insurance rating or permitting purposes
  • For resale or redistribution to third parties as a standalone data product
  • To make binding representations to third parties about the official flood zone, legal flood risk status, or elevation of a property
  • For any purpose that violates applicable federal, Texas, or local law

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(A) FLOODFOLIO'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC REPORT GIVING RISE TO THE CLAIM.

(B) FLOODFOLIO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: FLOOD DAMAGE TO REAL OR PERSONAL PROPERTY; FINANCIAL LOSS ARISING FROM A PROPERTY PURCHASE, SALE, OR FINANCING DECISION; INCREASED INSURANCE PREMIUMS; OR ANY OTHER ECONOMIC HARM — EVEN IF FLOODFOLIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of consequential damages. To the extent applicable law does not permit this limitation, Floodfolio's liability for consequential damages is limited to the amount you paid for the report.

8. Indemnification

You agree to indemnify, defend, and hold harmless Floodfolio and its officers, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service in violation of these Terms; (b) your misrepresentation of Floodfolio data to third parties; or (c) your use of Floodfolio reports in violation of the FCRA or any other applicable law.

9. Intellectual Property

Floodfolio's proprietary risk scoring methodology, software, design, and compiled data presentation are owned by Floodfolio. The underlying government source data (FEMA NFHL, USGS 3DEP, OpenFEMA) is in the public domain under 17 U.S.C. § 105. You may not copy, reverse engineer, or commercially redistribute Floodfolio's software or scoring methodology.

10. Payment

Reports are available in two tiers: Essential ($19.99) and Full Report ($44.99) per address. Payment is collected at the time of report generation via Stripe. Every figure in a report is drawn directly from official FEMA, USGS, and NFIP records; if any value is materially inconsistent with its official source, we will correct it at no charge. Because Floodfolio reports are digital information products assembled and delivered immediately upon purchase, all sales are otherwise final.

11. Changes to Terms

We may update these Terms at any time by posting the revised Terms on this page with a new effective date. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

12. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any dispute not subject to arbitration under Section 13 shall be resolved exclusively in the state or federal courts located in Harris County, Texas, and you consent to personal jurisdiction in those courts.

13. Dispute Resolution — Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS HOW DISPUTES ARE RESOLVED AND LIMITS CERTAIN LEGAL RIGHTS.

Informal Resolution First

Before initiating arbitration, you agree to email us at [email protected] with a written description of the dispute and the relief you are seeking. We will attempt to resolve the dispute informally within 30 days of receiving your notice.

Binding Individual Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the Service — other than a claim that qualifies for small claims court — shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms. The arbitration shall be conducted remotely. The arbitrator's award is final and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver

ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY. YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, CONSOLIDATED PROCEEDING, OR REPRESENTATIVE ACTION OF ANY KIND. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING.

Costs

AAA Consumer Arbitration Rules govern filing fees. For claims not exceeding $10,000, Floodfolio will pay all AAA filing fees unless the arbitrator finds the claim frivolous or brought in bad faith.

Exceptions

Either party may bring an individual claim in small claims court, provided the claim qualifies under that court's jurisdictional limits. Either party may seek emergency injunctive relief in a court of competent jurisdiction solely to protect intellectual property rights or prevent irreparable harm pending arbitration.

Severability

If the class action waiver is found unenforceable, the remainder of this section survives. If any other provision of this section is found unenforceable, the parties will arbitrate any remaining claims on an individual basis.

14. Contact

Floodfolio ·[email protected]