Clay Flood Concepts, LLC
Service Agreement / Client Terms
Effective Date: 06/08/2026
By submitting an order, approving an invoice, making payment, checking an acceptance box, downloading deliverables, or otherwise purchasing services from Clay Flood Concepts, LLC, the client agrees to the following Service Agreement / Client Terms.
1. SERVICE DESCRIPTION
Clay Flood Concepts, LLC provides standardized conceptual flood visualization products based on predefined modeling assumptions, publicly available information, generalized hydrologic and hydraulic assumptions, mapping data, topographic data, and visualization methodologies.
Deliverables may include, but are not limited to:
• conceptual flood depth maps
• conceptual velocity maps
• conceptual flood visualizations
• KMZ overlays
• animations
• topographic visualizations
• aerial map exhibits
• or related graphical, digital, or informational products.
The services provided by Clay Flood Concepts are intended to help communicate potential flood-related concepts and visual scenarios for general awareness purposes only.
2. STANDARDIZED PRODUCT FORMAT
Services are provided using Clay Flood Concepts’ standardized approach and are not customized engineering studies, drainage studies, flood insurance studies, floodplain studies, surveying services, emergency planning services, or regulatory submissions unless expressly stated otherwise in a separate written agreement signed by Clay Flood Concepts.
Clients acknowledge that examples shown on Clay Flood Concepts’ website, advertisements, social media, forms, prior deliverables, or marketing materials represent the general style and format of potential deliverables. Actual deliverables may vary depending on available data, parcel location, terrain conditions, mapping limitations, modeling assumptions, and technical constraints.
3. ONE-TIME PURCHASE ONLY
The client acknowledges and agrees that the purchase of services from Clay Flood Concepts is a one-time purchase of a conceptual visualization product.
The purchase does not create an ongoing professional relationship, consulting relationship, engineering-client relationship, advisory relationship, fiduciary relationship, emergency management relationship, or duty to update, monitor, advise, warn, revise, or provide future services.
Unless separately agreed in writing, Clay Flood Concepts has no continuing obligation after delivery to update the deliverables, monitor storm events, review changed site conditions, evaluate new data, answer follow-up questions, provide professional advice, or revise the work product.
4. NO PROFESSIONAL ENGINEERING SERVICES / NO ENGINEERING-CLIENT RELATIONSHIP
The client understands and agrees that Clay Flood Concepts’ standardized conceptual visualization products are not being provided as professional engineering services for the client’s reliance in design, construction, permitting, certification, regulatory approval, floodplain administration, insurance, emergency management, or property development.
No engineering-client relationship is created by the purchase of services, completion of an intake form, exchange of emails, payment of an invoice, or delivery of maps, files, visualizations, animations, or related materials.
Unless expressly stated in a separate signed written agreement, deliverables are not signed, sealed, certified, or issued as professional engineering instruments of service. The client shall not represent the deliverables as signed, sealed, certified, official, regulatory, engineering, surveying, FEMA-approved, floodplain-approved, insurance-approved, or suitable for professional reliance.
5. NOT FOR REGULATORY, ENGINEERING, INSURANCE, OR LIFE-SAFETY USE
Deliverables are conceptual and informational only. Deliverables shall not be used or relied upon for:
• engineering design
• site design
• drainage design
• structural design
• bridge, culvert, roadway, dam, detention, or channel design
• permitting
• FEMA determinations
• floodplain certification
• floodplain development
• base flood elevation determinations
• Letter of Map Amendment or Letter of Map Revision applications
• insurance rating
• insurance underwriting
• real estate valuation
• construction decisions
• purchase or sale decisions
• evacuation timing
• emergency response
• life-safety decisions
• regulatory compliance
• or any other decision requiring professional judgment, certified analysis, or official floodplain information.
The client is solely responsible for consulting licensed engineers, surveyors, floodplain administrators, emergency management officials, insurance professionals, attorneys, or other qualified professionals before making decisions affecting life, safety, property, development, construction, insurance, legal rights, or regulatory obligations.
6. MODELING UNCERTAINTY
Flood behavior is inherently uncertain and may differ substantially from any modeled, mapped, estimated, animated, or visualized scenario. Actual flood conditions may be affected by factors including, but not limited to:
• rainfall location, timing, intensity, and duration
• storm movement
• antecedent moisture conditions
• infiltration and runoff conditions
• debris blockage
• bridge, culvert, roadway, and channel obstructions
• dam, detention, or infrastructure performance
• erosion, sediment, and channel changes
• terrain data limitations
• mapping inaccuracies
• survey limitations
• vegetation
• buildings and other obstructions
• model assumptions
• boundary conditions
• computational limitations
• land use changes
• and other natural, human-made, or technical factors.
The client understands that actual flooding may be deeper, shallower, faster, slower, earlier, later, more destructive, less destructive, or materially different from the deliverables.
7. DATA LIMITATIONS
Clay Flood Concepts may rely on publicly available datasets, third-party data, government mapping, aerial imagery, GIS data, topographic data, digital elevation models, parcel information, rainfall assumptions, and other information that Clay Flood Concepts does not independently verify.
Clay Flood Concepts does not warrant or guarantee the accuracy, completeness, resolution, suitability, currency, or reliability of third-party data, public data, parcel boundaries, aerial imagery, topographic surfaces, flood information, or other source materials.
The client acknowledges that mapping products may contain inaccuracies, omissions, distortions, or limitations due to source data quality, scale, resolution, processing methods, and modeling assumptions.
8. CLIENT RESPONSIBILITY AND ACKNOWLEDGMENTS
The client is responsible for determining whether the services offered are appropriate for the client’s intended use.
By purchasing services, the client acknowledges and agrees that:
• the deliverables are conceptual only;
• the deliverables are not official flood studies;
• the deliverables are not certified engineering products;
• the deliverables are not substitutes for professional engineering, surveying, legal, insurance, emergency management, or regulatory advice;
• the client will not use the deliverables for prohibited purposes;
• the client will not represent the deliverables as official, certified, regulatory, or engineering documents;
• the client has not relied on any promise, statement, advertisement, example, image, animation, or communication other than the express written terms provided by Clay Flood Concepts; and
• the client accepts the inherent uncertainty associated with conceptual flood visualization.
9. NO WARRANTIES
To the fullest extent permitted by law, all services and deliverables are provided “as is,” “as available,” and “with all faults.”
Clay Flood Concepts disclaims all warranties, express or implied, including but not limited to implied warranties of accuracy, completeness, merchantability, fitness for a particular purpose, suitability, reliability, regulatory acceptance, flood prediction accuracy, or non-infringement.
Clay Flood Concepts does not warrant, represent, or guarantee that:
• a flood will or will not occur;
• a property will or will not flood;
• water depths, velocities, elevations, or timing will match actual flood conditions;
• deliverables will match FEMA maps, official flood studies, insurance determinations, or regulatory standards;
• deliverables will be accepted by any governmental entity, insurance company, lender, buyer, seller, engineer, surveyor, floodplain administrator, or other third party; or
• the client’s use of the deliverables will produce any particular outcome.
10. NO DECEPTIVE TRADE PRACTICES WAIVER EXCEPT AS PERMITTED BY LAW
Nothing in this Agreement is intended to waive any rights that cannot legally be waived under applicable law.
To the extent the Texas Deceptive Trade Practices-Consumer Protection Act or any similar consumer protection law applies, the client acknowledges that Clay Flood Concepts has made no representations, warranties, promises, or guarantees except those expressly stated in this written Agreement and in the final written order or invoice.
The client further acknowledges that the client is not relying on any oral statement, informal communication, marketing example, website image, animation, map example, prior project, estimate, or generalized statement as a representation that the deliverables will be accurate for any specific property, flood event, regulatory purpose, insurance purpose, construction purpose, emergency purpose, or life-safety purpose.
Any waiver of rights under the Texas Deceptive Trade Practices-Consumer Protection Act shall apply only if made in a separate written waiver that satisfies all requirements of applicable law.
11. PAYMENT TERMS
Payment terms shall be as specified at checkout or within the service invoice.
Full payment is required before final deliverables, downloadable files, maps, animations, KMZ files, or other project materials will be released to the client.
Clay Flood Concepts reserves the right to withhold delivery of completed products until payment has been received in full.
Failure to complete payment may result in project cancellation at the discretion of Clay Flood Concepts.
12. REVISIONS AND ADDITIONAL SERVICES
Unless specifically stated otherwise in writing, services do not include custom revisions, alternate storm events, modified modeling assumptions, additional parcels, expanded study areas, additional meetings, phone consultations, regulatory coordination, engineering review, emergency planning, or future updates.
Optional add-ons may be offered separately at Clay Flood Concepts’ discretion and may require additional payment.
Clay Flood Concepts is not obligated to provide revisions or additional services unless expressly agreed in writing.
13. DELIVERY
Estimated delivery timelines are approximate and are not guaranteed.
Delivery may vary depending on workload, data availability, technical limitations, software performance, parcel complexity, study area size, weather events, personal availability, or other operational factors.
Clay Flood Concepts shall not be liable for delays in delivery.
14. CLIENT ORDER INFORMATION AND PROPERTY IDENTIFICATION
Clay Flood Concepts prepares standardized conceptual visualization products based primarily on publicly available data, third-party data, internal workflows, and Clay Flood Concepts’ predefined assumptions and methodologies.
The client may be required to provide limited order information, such as the client’s name, contact information, property address, parcel selection, map pin, drawn area, acreage estimate, or other information needed to identify the requested location and process the order.
The client is responsible for confirming that any property address, parcel selection, map pin, drawn boundary, uploaded reference material, or other order information submitted by the client is accurate and complete.
Clay Flood Concepts may use client-submitted order information for location identification and order processing purposes, but client submission of such information does not convert the purchase into a custom engineering study, surveying service, consulting engagement, or professional relationship.
Clay Flood Concepts is not responsible for errors, omissions, inaccuracies, delays, or deficiencies resulting from incorrect, incomplete, outdated, ambiguous, or misleading information submitted by the client or obtained from public or third-party sources.
15. LICENSE TO USE DELIVERABLES
Upon full payment, Clay Flood Concepts grants the client a limited, non-exclusive, non-transferable license to use the final deliverables for the client’s personal, internal, and informational awareness purposes only.
The client shall not resell, sublicense, certify, commercially exploit, alter, remove disclaimers from, or represent the deliverables as official, certified, regulatory, engineering, insurance, or professional documents.
All methodologies, templates, workflows, models, graphics, design formats, visual styles, animations, GIS processes, and other intellectual property used to create deliverables remain the property of Clay Flood Concepts unless expressly agreed otherwise in writing.
16. THIRD-PARTY USE AND RELIANCE
Deliverables are prepared only for the purchasing client and only for the limited conceptual awareness purpose stated in this Agreement.
No third party may rely on the deliverables.
The client shall not provide the deliverables to buyers, sellers, lenders, insurers, governmental entities, engineers, contractors, developers, emergency responders, or other third parties for reliance unless the deliverables are accompanied by all disclaimers and unless the third party understands that the deliverables are conceptual only and not suitable for official, regulatory, insurance, engineering, construction, emergency, or life-safety use.
17. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Clay Flood Concepts, LLC, its members, owners, employees, contractors, agents, affiliates, and representatives shall not be liable for any damages arising out of or related to:
• reliance upon deliverables
• flood losses
• property damage
• personal injury
• death
• business interruption
• lost profits
• lost opportunities
• loss of use
• diminution in property value
• construction decisions
• insurance decisions
• regulatory decisions
• purchase or sale decisions
• evacuation or emergency decisions
• third-party reliance
• inaccurate data
• modeling limitations
• mapping limitations
• or decisions made using, referencing, forwarding, displaying, or interpreting the deliverables.
18. MAXIMUM DAMAGES CAP
To the fullest extent permitted by law, the total aggregate liability of Clay Flood Concepts, LLC, including its members, owners, employees, contractors, agents, affiliates, and representatives, for any and all claims, damages, losses, liabilities, costs, or causes of action arising out of or related to the services, deliverables, invoice, purchase, website, intake form, communications, or this Agreement shall not exceed the total amount actually paid by the client to Clay Flood Concepts for the specific order giving rise to the claim.
This damages cap applies regardless of the legal theory asserted, including contract, tort, negligence, professional negligence, negligent misrepresentation, warranty, statutory claim, strict liability, or any other theory, except to the extent such limitation is prohibited by applicable law.
The client acknowledges that the pricing of Clay Flood Concepts’ standardized conceptual visualization products reflects this allocation of risk.
19. EXCLUSION OF CONSEQUENTIAL DAMAGES
To the fullest extent permitted by law, Clay Flood Concepts shall not be liable for indirect, incidental, special, exemplary, punitive, consequential, or enhanced damages, including but not limited to lost profits, lost revenue, loss of business opportunity, loss of use, loss of property value, emotional distress damages, business interruption, or damages arising from third-party claims, even if Clay Flood Concepts has been advised of the possibility of such damages.
20. INDEMNIFICATION
The client agrees to defend, indemnify, and hold harmless Clay Flood Concepts, LLC, its members, owners, employees, contractors, agents, affiliates, and representatives from and against any claims, demands, damages, liabilities, losses, costs, and expenses, including reasonable attorney’s fees, arising out of or related to:
• the client’s misuse of deliverables;
• the client’s use of deliverables for prohibited purposes;
• the client’s representation of deliverables as official, certified, regulatory, engineering, or insurance documents;
• third-party reliance caused or permitted by the client;
• inaccurate or incomplete information provided by the client;
• the client’s violation of this Agreement; or
• decisions made by the client or third parties using the deliverables.
21. NO GUARANTEE OF RESULTS
Clay Flood Concepts does not guarantee any outcome, result, approval, interpretation, protection, safety improvement, property decision, insurance decision, regulatory decision, or flood-related conclusion.
The client understands that the deliverables are visual tools for conceptual awareness and are not guarantees of flood behavior, property risk, safety, insurability, regulatory status, or engineering adequacy.
22. FORCE MAJEURE
Clay Flood Concepts shall not be liable for delay or failure to perform caused by events beyond its reasonable control, including but not limited to software failures, data outages, internet outages, illness, family emergency, power failure, natural disaster, extreme weather, governmental action, third-party platform issues, or other circumstances beyond Clay Flood Concepts’ control.
23. REFUND POLICY
Clay Flood Concepts provides custom-generated digital products that require technical processing, modeling setup, mapping, visualization, data processing, and production work. Because the services involve time-intensive preparation and custom generation of digital deliverables, refunds are limited as described in this Agreement.
Refunds may be issued only under the following circumstances:
• duplicate orders;
• billing errors;
• inability of Clay Flood Concepts to complete the requested service; or
• failure by Clay Flood Concepts to deliver the purchased products.
Once project production, modeling, processing, map generation, visualization, animation preparation, KMZ preparation, or other technical work has begun, the order becomes non-refundable to the fullest extent permitted by law.
Refunds shall not be issued based on:
• dissatisfaction with modeled results;
• disagreement with assumptions;
• perceived flood severity;
• disagreement with mapped depths, velocities, extents, timing, or visualized outcomes;
• visual preferences;
• emotional reactions to results;
• requests for alternate scenarios;
• changed client preferences;
• client failure to review the Service Agreement, Disclaimer, or product description before purchase;
• client misunderstanding of the conceptual nature of the deliverables; or
• client attempted use of the deliverables for a prohibited purpose.
Clay Flood Concepts does not guarantee property safety, flood protection, flood prediction accuracy, future storm behavior, prevention of flood damage, regulatory acceptance, insurance acceptance, or any specific outcome.
All deliverables are conceptual visualizations intended for general informational and awareness purposes only and are subject to the limitations, disclaimers, no-reliance provisions, no-warranty provisions, and prohibited-use provisions stated in this Agreement.
24. CHARGEBACKS AND BILLING DISPUTES
The client agrees to contact Clay Flood Concepts in good faith regarding any billing concern, duplicate charge, delivery issue, or refund request before initiating a payment dispute or chargeback.
The client agrees not to initiate a chargeback, payment reversal, or payment dispute for properly delivered digital products that substantially match the advertised examples, written descriptions, selected product type, and terms of purchase.
Improper chargebacks, payment reversals, or payment disputes after delivery of non-refundable digital products may be treated as a breach of this Agreement. Clay Flood Concepts reserves the right to provide this Agreement, order records, delivery records, client communications, checkout acknowledgments, and product files to the payment processor, credit card company, bank, or other dispute-resolution provider in response to any chargeback or payment dispute.
Nothing in this section is intended to limit any non-waivable legal rights the client may have under applicable law.
25. ACCEPTANCE OF TERMS
Purchase of services constitutes acceptance of this Agreement.
Acceptance may occur by checking an online acceptance box, signing or approving an invoice, submitting payment, submitting an intake form, downloading deliverables, or otherwise requesting Clay Flood Concepts to begin work.
If the client does not agree to these terms, the client should not purchase services or submit payment.
26. SEVERABILITY
If any provision of this Agreement is found to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.
27. ENTIRE AGREEMENT
This Agreement, together with any applicable invoice, checkout terms, refund policy, privacy policy, disclaimer, or written order confirmation, constitutes the entire agreement between the client and Clay Flood Concepts regarding the purchased services.
No oral statement, informal message, advertisement, website example, social media post, prior deliverable, or other communication shall modify these terms unless expressly agreed in writing by Clay Flood Concepts.
28. GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of Texas.
To the fullest extent permitted by law, any dispute arising out of or related to this Agreement, the services, the deliverables, or the client’s purchase shall be brought in a court of competent jurisdiction in Texas.
29. SURVIVAL
The provisions concerning no professional relationship, prohibited uses, no warranties, limitation of liability, maximum damages cap, indemnification, intellectual property, third-party reliance, governing law, and dispute resolution shall survive completion of services, delivery of products, cancellation, or termination of the client’s order.