Terms & Conditions

Ver. 2 (Last Updated July 2025)
RiskFootprint™ Terms and Conditions

Acceptance of Terms

By accessing or using the RiskFootprint™ hazard and climate risk assessment report or reports (the Service) provided by Coastal Risk Consulting, LLC (the Company or “Coastal Risk”), you agree to be bound by these Terms and Conditions (“Terms”). These Terms govern your use of the Service and form a legally binding agreement between you and the Company. If you do not agree to these Terms, you must not use the Service. You represent that you are at least 18 years old and, if you are using the Service on behalf of an organization, you have the authority to bind that organization to these Terms. Your acceptance of these Terms also signifies your acceptance of our Privacy Policy and any applicable laws or regulations regarding the Service.

Definitions

For the purposes of these Terms, the following definitions apply:

  • Company: Refers to Coastal Risk Consulting, a Florida LLC (also doing business as RiskFootprint™), including its affiliates, officers, and employees.
  • Service: Refers to the RiskFootprint™ software-as-a-service (SaaS) platform, including the website, dashboards, tools, reports, data, and any related services provided by the Company for hazard and climate risk assessments.
  • User (also referred to as “you” or “Client” or “Customer”): Refers to the individual or entity accessing and using the Service whether by online purchase, ala carte purchase, RiskFootprint™ Dashboard Subscription, or by other means, such as a contract or agreement or through a reseller. If an individual is using the Service on behalf of a company or other legal entity, “User” includes that entity.
  • Reports: Refers to any hazard, climate, or resilience risk assessment outputs (including RiskFootprint™ reports) generated by the Service for the User including, but not limited to Excel Spreadsheet Portfolio Risk Scoring or International reports.
  • Content: Refers to all information, data, text, graphics, software, and other materials provided through the Service or contained in the Reports. This includes third-party data and content integrated into the Service via API or otherwise.
  • Internal Use: Means use of the Service and Reports solely for your own personal or your organization’s internal business purposes, and not for distribution, resale, or providing the Service or Reports to any third-party, unless there is a separate contract or agreement between you and Coastal Risk that authorizes resale or use by third-parties.

User Accounts and Security

In order to use certain features of the Service, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify the Company immediately of any unauthorized access or use of your account. The Company will not be liable for any loss or damage arising from your failure to safeguard your account. You agree not to share your account credentials with any third-party or otherwise permit any unauthorized person to access the Service using your account.

Acceptable Use and User Responsibilities

You agree to use the Service and Reports only for lawful purposes and in accordance with these Terms. Users are responsible for their conduct while using the Service, and must adhere to the following guidelines and restrictions:

  • Internal Use Only: The Service and any Reports are provided for your internal informational use only, unless there is a separate contract or agreement between you and Coastal Risk that permits other usages. You may use the analyses and information for personal or internal business purposes, but you may not transfer, sell, sublicense, or assign the Service or any Report to any third-party. Each Report is intended only for the specific property or project for which it was ordered and is not transferable to any other property, person, or entity without the Company’s prior written consent.
  • Prohibited Activities: You shall not engage in any activity that disrupts or interferes with the Service (including by transmitting any worms, viruses, malware, or any code of a destructive nature). You may not attempt to gain unauthorized access to any part of the Service or its related systems or networks, nor attempt to bypass or breach any security or authentication measures.
  • No Illegal or Harmful Use: You agree not to use the Service to violate any applicable law, regulation, or ordinance, and you shall not use the Service to conduct or facilitate any unlawful activity. You also agree not to use the Service to harass, defraud, deceive, or harm anyone or to distribute any defamatory, infringing, or otherwise objectionable material.
  • No Misuse of Content: You shall not modify, duplicate, reproduce, republish, upload, post, or transmit any Content from the Service except as expressly permitted by the Company. In particular, you agree not to publish or post the Company’s reports or content publicly online (e.g., on social media or websites) without prior written permission. Any Reports provided to you are for your use only and may not be redistributed or displayed to third-parties except as allowed by these Terms or with the Company’s consent.
  • No Reverse Engineering or Derivative Works: You shall not reverse engineer, decompile, disassemble, or create derivative works based on the Service or any software or data included in the Service. You also agree not to remove or alter any proprietary notices (including copyright and trademark markings) from the Service or Reports.
  • User Cooperation: You agree to cooperate with the Company in investigating any suspected or actual activity that is in breach of these Terms. The Company reserves the right to monitor your use of the Service to ensure compliance with these Terms (while respecting your privacy as described in our Privacy Policy).

Violation of any of the above acceptable use standards constitutes a material breach of these Terms and may result in suspension or termination of your access to the Service, as described in the Termination section below.

Fees and Payment

Use of the Service may be subject to payment of applicable fees. If you purchase a subscription or order any paid Service (such as obtaining a detailed RiskFootprint™ report), you agree to pay all fees and charges specified for that product or plan, including any recurring subscription fees, as are applicable to you. All payments are due in accordance with the billing terms presented to you at the time of purchase (for example, monthly or annually in advance, or per-report one-time fees).

  • Payment Method: You must provide a valid payment method (e.g., credit card or other accepted payment means) and authorize the Company to charge all fees to such method. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms and reserve the right to suspend or terminate your access to the Service for non-payment.
  • Auto-Renewal: If you have purchased a subscription, it may automatically renew at the end of each billing cycle (e.g., monthly, or yearly) unless you cancel your subscription prior to the renewal date. We will charge the then-current subscription fee to the payment method on file at the time of renewal. You can cancel renewal by providing advance notice through your account settings or contacting customer support, in accordance with any cancellation procedures we provide.
  • Taxes: Fees are generally listed exclusive of any taxes or duties. You are responsible for any sales, use, value-added, or similar taxes (collectively, “Taxes”) that apply to your use of the Service or purchase of Reports, other than taxes on the Company’s income. If the Company has the legal obligation to pay or collect Taxes for which you are responsible, we will add that amount to your charges and you agree to pay such Taxes.
  • No Refunds: Except as required by law or explicitly stated in a specific plan, all fees paid are non-refundable. If you cancel a subscription or if your account is terminated due to your violation of these Terms, you are not entitled to a refund of any fees you have paid. The Company reserves the right to modify the fees for the Service or introduce new fees upon providing you reasonable notice (for example, by email or through the Service). Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the modified amount.

Privacy and Data Use

Your privacy is important to us. The collection and use of personal information in connection with the Service is governed by our Privacy Policy, which is hereby incorporated into these Terms by reference. We encourage you to read Privacy Policy to understand how we collect, use, store, and protect your information when you use the Service. By using the Service, you consent to the collection and use of information about you and your use of the Service in accordance with our Privacy Policy.

Key aspects of our data privacy and security practices include:

  • Compliance with Laws: We handle personal data in compliance with applicable data protection and privacy laws, such as the EU General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), to the extent they apply. This means we will obtain your consent where required and honor any applicable rights you have under such laws (for example, rights to access or delete your personal data).
  • Data Security: We implement industry-standard security measures to protect your data from unauthorized access or disclosure. This includes appropriate technical and organizational safeguards for data stored on our systems and transmitted between your device and our servers. However, you understand that no method of electronic storage or transmission is completely secure, and therefore we cannot guarantee absolute security of your information.
  • Use of Data: The personal information and property data you provide (such as property addresses for risk analysis, account information, etc.) will be used strictly for providing and improving the Service, generating your Reports, and as otherwise described in our Privacy Policy. We do not sell your personal data to third-parties. We may share information with third-party service providers or partners who assist us in operating the Service (for example, cloud hosting services or data suppliers), but only for purposes of supporting the Service and under obligations of confidentiality and compliance with data protection requirements.
  • User Responsibilities for Data: If you input or upload any data to the Service (for example, property information or other data for assessment), you represent that you have the right to provide that data and that doing so will not violate any third-party rights or laws. Do not upload personal data of others without permission. You also agree that the Company may anonymize or aggregate the data you provide for the purpose of improving the Service or generating industry statistics, so long as such use does not reveal your identity or confidential information.

If a data breach or security incident occurs that affects your personal data, we will notify you as required by law and take appropriate steps to address the incident, in line with our obligations and Privacy Policy. For more details on our privacy practices, please review the full Privacy Policy on our website.

Intellectual Property Rights

The Service and all Content, including but not limited to software, algorithms, reports, data compilations, text, graphics, logos, and trademarks (such as the RiskFootprint™ name and logo), are the intellectual property of the Company or its licensors and are protected by copyright, trademark, trade secret, and other intellectual property laws. The structure, organization, and underlying data models of the Service are proprietary to the Company. All rights not expressly granted to you in these Terms are reserved by the Company and its licensors.

By using the Service, you are not acquiring any ownership interest in the Service, the Content, or the underlying intellectual property. Instead, the Company grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service and to view and use the Reports generated for you, solely for your Internal Use and in accordance with these Terms, except as otherwise authorized by a contract or agreement with Company. This license is provided only for the duration of your authorized use of the Service and remains conditional on your compliance with these Terms. You do not have the right to sub-license or transfer this license to any other person or entity.

In using the Service and Reports, you agree to the following intellectual property conditions:

  • Permitted Use of Reports: You may use the Reports, and the information derived from the Service for your personal use or internal business purposes (for example, to inform your property investment or risk management decisions). You may share the content of a Report internally within your organization or with professional advisors strictly for consultation purposes, but you must ensure that any recipient is aware that the Report is confidential and subject to these Terms. Any broader distribution or publication of the Report requires the Company’s prior written consent through a separate contract or agreement.
  • Copyright and Trademark Notices: You must not remove, obscure, or alter any copyright notices, trademarks, logos, or other proprietary markings on the Service or within any Report. The RiskFootprint™ name and logo and other Company trademarks must not be used by you without our prior written permission, except as necessary for you to reference the Service in a manner that is truthful and not misleading.
  • Restrictions: Except as expressly permitted by the limited license above, you shall not copy, reproduce, modify, create derivative works from, or distribute any portion of the Service or Content. You also shall not reverse engineer, decompile, or disassemble any part of the Service, nor attempt to derive the source code or underlying ideas or algorithms of any component of the Service. Additionally, you shall not use any automated system (such as a web crawler or scraper) to access the Service or extract data without our permission.
  • User Feedback: If you choose to provide feedback, suggestions, or ideas to the Company about the Service (“Feedback”), you agree that the Company is free to use such Feedback for any purpose, and you grant the Company a perpetual, irrevocable, worldwide, royalty-free license to incorporate and use your Feedback in the Service or any of the Company’s products or services without any obligation to you. We welcome Feedback but are not obligated to implement it or to pay you for it.

Any use of the Service or Content beyond the scope of the license granted in these Terms (or in a separate contractor or agreement) is strictly prohibited and will be considered a violation of the Company’s intellectual property rights. You acknowledge that unauthorized use of the Service or Content may cause irreparable harm to the Company for which monetary damages would be inadequate, and the Company shall be entitled to seek injunctive relief (in addition to any other available remedies) to enforce these intellectual property provisions.

Disclaimer of Warranties

The Service and all Content (including all data, Reports, and analysis provided through the Service) are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including but not limited to:

  • Accuracy and Completeness: The Company does not guarantee that the information or results provided by the Service are accurate, complete, current, or error-free. The Service uses the best available data and methodologies (as it determines, in its sole and exclusive discretion, are appropriate and affordable), but you acknowledge that hazard and climate risk information is complex, may be based on a variety of predictive models, and can change over time as scientific research and data evolve. The Company makes no warranty that the Reports will remain accurate or unchanged in the future. You should not rely on the Service as your sole source of information for critical decisions.
  • Fitness for Purpose: The Company disclaims any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will meet your specific requirements or expectations. The Service’s outputs (such as risk scores or recommendations) are for informational purposes only and are not tailored to the circumstances of any specific property beyond the data provided. It is your responsibility to evaluate the usefulness of the information in the context of your needs.
  • No Professional Advice: No legal, financial, investment, engineering, or other professional advice is provided by the Service. The Company is not a law firm, financial adviser, engineering or architectural firm, insurance underwriter, or any type of licensed professional advisor. Any information provided in a Report or through the Service (such as risk assessments, forecasts, or mitigation suggestions) does not constitute and should not be construed as professional advice or a recommendation to take or refrain from any action. You should consult appropriate licensed professionals for advice on legal, structural, insurance, or other matters.
  • Service Availability: The Company does not warrant that the Service will be uninterrupted, timely, secure, or free from errors, bugs, or viruses. While we strive to maintain high availability, quality, and performance, there may be occasional downtime for maintenance or factors outside our control (such as internet outages, force majeure, or other technical issues). Any scheduled downtime will be communicated when feasible, but we do not guarantee the Service will be available at any given time.
  • Third-Party Data and Links: The Service may incorporate data from third-party sources or link to third-party websites for additional information. The Company makes no warranties regarding the accuracy or reliability of third-party data used in the Service, nor about the content of any third-party websites. Any third-party services, data, or links are provided for convenience and information, and are used at your own risk and subject to the third parties’ own terms and privacy policies.

You assume full responsibility for your use of the Service and any decisions made or actions taken based on information obtained through the Service. The entire risk as to the quality and performance of the Service and the accuracy of the Content is with you. If you are dissatisfied with the Service or any of the Content, your sole remedy is to stop using the Service.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company or its affiliates, officers, employees, agents, partners, or data suppliers be liable to you or any third-party for any indirect, incidental, special, consequential, or punitive damages whatsoever arising from or related to your use of (or inability to use) the Service or any Content, even if the Company has been advised of the possibility of such damages. This limitation of liability applies to all causes of action, whether in contract, tort (including negligence), strict liability, or any other legal theory.

Specifically, the Company will not be liable for: loss of profits, loss of business or business opportunities, loss of revenue, loss of data, business interruption, or any similar harm or losses arising out of your use of the Service or reliance on the Reports. The Company is also not liable for any claims or damages arising from any decisions you make or actions you take in reliance on the information provided by the Service (such as investing in a property, purchasing insurance, or undertaking construction or remediation work). You acknowledge that any such decisions or actions are made at your own risk.

In no case shall the aggregate liability of the Company and its affiliates for any and all claims relating to the Service or these Terms exceed the greater of: (a) the total amount of fees that you paid to the Company for use of the Service in the twelve (12) months preceding the event giving rise to the liability; or (b) USD $100 (or the equivalent in your local currency) if you have not paid any fees to the Company for the use of the Service. If applicable law does not allow the limitation of liability as stated above, the Company’s total liability to you for all damages shall not exceed the amount that the law requires.

The limitations of liability in this section reflect the allocation of risk between the parties and form an essential basis of the bargain between you and the Company. You agree that these limitations shall apply even if any limited remedy fails of its essential purpose.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its parent, affiliates, and their respective officers, directors, employees, contractors, agents, and partners from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) that arise out of or relate to: (a) your use of the Service or any Reports; (b) your violation of these Terms or of any law or regulation; (c) your infringement or misappropriation of any intellectual property or other rights of the Company or third parties; or (d) any content or data you provide to the Service (including the Company’s use of such content) that causes harm or damage to a third-party.

This indemnification obligation means you will reimburse the Company for any losses it suffers or costs it incurs (including legal fees and settlements or judgments) due to claims brought against the Company by a third-party as a result of your breach of these Terms, misuse of the Service, or other conduct for which you are legally responsible. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (in which event you will cooperate with the Company in asserting any available defenses). You agree not to settle any such matter without the prior written consent of the Company.

Your indemnification obligations will survive any termination of your account or of the Service, as well as any expiration of these Terms.

Termination

Term by Use: These Terms are effective from the moment you accept them (for instance, by using the Service or clicking “I agree”) and will remain in effect until terminated by either you or the Company. You may terminate these Terms at any time by discontinuing all use of the Service and closing any account you have with the Service.

Suspension or Termination by Company: The Company may terminate or suspend your access to the Service (or any part of it) at any time, with or without cause, with or without notice. Cause for termination may include (but is not limited to): your breach of any provision of these Terms, failure to pay any fees when due, requests by law enforcement or other government agencies, discontinuance, or material modification of the Service, unexpected technical or security issues, or fraudulent or illegal activities by you. In the event of termination or suspension due to your breach of these Terms or violation of law, the Company shall not be required to refund any fees you have paid.

Effect of Termination: Upon any termination of these Terms for any reason, your right to access or use the Service will immediately cease. You must cease all use of the Service and destroy any copies of Software or Content in your possession (excluding your own data that you have downloaded, and any Reports already legitimately in your possession, which remain subject to the restrictions and disclaimers in these Terms even after termination). Any provisions of these Terms which by their nature should survive termination (including but not limited to ownership provisions, license restrictions, disclaimers of warranty, limitations of liability, indemnity, and governing law) shall survive and remain in effect after termination.

If you have a subscription and the Company terminates your access without cause (for example, if we decide to discontinue the Service entirely), the Company will refund any prepaid fees on a pro-rata basis for the remaining period of your subscription. Termination of your access or account for any reason does not relieve you of any obligations you may have accrued prior to termination (such as paying outstanding fees or indemnification obligations for prior acts).

The Company shall not be liable to you or any third-party for termination of your access to the Service in accordance with these Terms. After termination, the Company reserves the right to delete or deactivate your account and all related data in the normal course of operation (except as may be legally required, such as retention for legal compliance or dispute resolution).

Governing Law and Dispute Resolution

These Terms and any dispute arising out of or related to the Service, or these Terms shall be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflict of laws principles, and in the venue of Palm Beach County for both state and federal courts. However, the Company reserves the right to seek injunctive or equitable relief in any jurisdiction, if necessary to protect its intellectual property or confidential information.

In the interest of resolving disputes in a timely and cost-effective manner, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms, or the use of the Service shall first be subject to good faith negotiations between the parties. If we cannot resolve the dispute informally, you and the Company agree to submit to the exclusive jurisdiction of the state or federal courts located in the State of Florida, in the venue of Palm Beach County, for resolution of any disputed claim. You and the Company each waive any objection to jurisdiction and venue in such courts (including any defense based on inconvenience of forum), to the extent permitted by law.

No Class Actions: To the extent permitted by applicable law, each party agrees that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means you agree not to bring a claim as a plaintiff or class member in a class or representative action, and a court may award relief only on an individual (non-class, non-representative) basis.

Injunctive Relief: Notwithstanding the foregoing, you acknowledge that unauthorized use of the Service or Content may cause irreparable harm to the Company for which monetary damages would be inadequate. In addition to any other remedies available, the Company shall be entitled to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or restrain such unauthorized use or any breach of these Terms.

International Use: The Company makes no representation that the Service or Content is appropriate or available for use in all jurisdictions. The RiskFootprint™ Dashboard Subscription Service is only applicable to reports in the United States (including Alaska, Hawaii, and Puerto Rico). It is not applicable elsewhere, although custom reports are available for international locations through our Consulting Services. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Changes to the Terms

The Company may modify or update these Terms from time to time to reflect changes in our practices, the law, or the functionality of the Service. When we make changes, we will revise the “Last Updated” date at the top of these Terms and, in some cases, we may provide additional notice to you (such as by prominently posting a notice of the changes on our website or by sending you an email notification). It is your responsibility to review these Terms periodically for any updates or changes.

Your continued use of the Service after any modifications to these Terms have become effective will constitute your acceptance of the revised Terms. If you do not agree with the revised Terms, you must stop using the Service. No change or update to these Terms will apply to any dispute between you and the Company that arose prior to the effective date of the change, unless required by law.

Miscellaneous

  • Entire Agreement: These Terms (along with any documents incorporated by reference, such as the Privacy Policy) constitute the entire agreement between you and the Company regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.
  • Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.
  • Waiver: No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. The Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of that right or provision.
  • Assignment: You may not assign or transfer these Terms or any of your rights or obligations hereunder, in whole or in part, without the Company’s prior written consent. The Company may assign these Terms, in whole or in part, to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. These Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
  • No Third-Party Beneficiaries: These Terms are for the benefit of you and the Company only. Except as expressly provided in these Terms, no third-party shall have any rights to enforce any term of these Terms. In particular, no third-party who is not an authorized User is intended to have any rights or remedies under the Service or this agreement; any reliance by a third-party on the information in a Report is at that third-party’s own risk.
  • Force Majeure: The Company shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil disturbances, strikes, fires, pandemics, power or network outages, or other similar events (each a “Force Majeure” event). In such cases, the Company’s obligations will be suspended for the duration of the Force Majeure event.

Contact Information

If you have any questions, concerns, or comments about these Terms or the use of the Service, please contact us at:

Coastal Risk Consulting, LLC (RiskFootprint™)
2385 NW Executive Center Drive, Suite 100
Boca Raton, FL 33431, USA
Email: customerservice@riskfootprint.com
Phone: 1-844-732-7473 (1-844-SEA-RISE)

The Company will attempt to respond to any inquiries in a timely manner. All notices, requests, or other communications under these Terms should be sent to the contact information above or as otherwise directed by the Company.

By using the RiskFootprint™ Service, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. Thank you for using RiskFootprint to better understand and manage hazard and climate risks. Stay safe and resilient!

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