Terms of Service

Effective Date: January 6, 2026 | Last Updated: January 6, 2026 | Version: 1.0

1. Acceptance of Terms

By accessing or using the GeoTap platform, website, application programming interface (API), or any related services (collectively, the "Service"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and our API License Agreement (if applicable). If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

2. Description of Service

2.1 Platform Overview

GeoTap is a geospatial data aggregation and analysis platform that:

Aggregates publicly available environmental and infrastructure data from federal, state, and local government sources
Provides tools for hydrological analysis, site assessment, and environmental screening
Generates reports and calculations for planning and preliminary engineering purposes
Offers an API for programmatic access to data and calculations

2.2 Data Sources

The Service aggregates data from various government sources including, but not limited to:

National Oceanic and Atmospheric Administration (NOAA)
United States Geological Survey (USGS)
Federal Emergency Management Agency (FEMA)
Environmental Protection Agency (EPA)
Natural Resources Conservation Service (NRCS)
United States Fish and Wildlife Service (USFWS)
Multi-Resolution Land Characteristics Consortium (MRLC)

2.3 Calculations and Analysis

The Service provides various calculations and analytical tools including:

Curve Number calculations
Time of Concentration estimates
Peak discharge calculations
Detention/retention sizing
Environmental constraints analysis
Climate projection estimates
Water quality screening

3. Important Disclaimers

3.1 Not a Substitute for Professional Services

THE SERVICE IS PROVIDED FOR INFORMATIONAL, PLANNING, AND PRELIMINARY ANALYSIS PURPOSES ONLY. THE SERVICE IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A LICENSED ENGINEER, SURVEYOR, ENVIRONMENTAL SCIENTIST, OR OTHER QUALIFIED PROFESSIONAL.

3.2 Not for Final Design

OUTPUTS FROM THE SERVICE, INCLUDING BUT NOT LIMITED TO CALCULATIONS, REPORTS, AND ANALYSES, ARE INTENDED FOR PRELIMINARY PLANNING AND FEASIBILITY ASSESSMENT ONLY. THEY ARE NOT INTENDED FOR, AND SHOULD NOT BE USED FOR, FINAL ENGINEERING DESIGN, CONSTRUCTION DOCUMENTS, OR PERMIT APPLICATIONS WITHOUT INDEPENDENT VERIFICATION BY A LICENSED PROFESSIONAL.

3.3 Data Accuracy

The Service aggregates data from third-party government sources. While we strive to maintain accurate and current data:

We do not guarantee the accuracy, completeness, timeliness, or reliability of any data obtained through the Service
Source data may contain errors, omissions, or be outdated
Government agencies may update data without notice
Spatial data resolution may not be suitable for site-specific analysis
Cached data may not reflect the most recent updates

3.4 Specific Data Disclaimers

3.4.1 Flood Zone Data (FEMA)

The flood zone information provided through this Service is derived from FEMA's National Flood Hazard Layer (NFHL) and is for general reference only. This Service does not provide official flood zone determinations. Official flood zone determinations require:

A formal Flood Zone Determination from a certified provider
A Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMR) from FEMA
Review of the most current effective Flood Insurance Rate Map (FIRM)

3.4.2 Wetland Data (NWI)

National Wetlands Inventory (NWI) data is intended for reconnaissance-level planning. NWI maps are not a substitute for an on-site jurisdictional wetland delineation. The presence or absence of wetlands shown on NWI maps does not constitute a determination of jurisdictional wetlands under Section 404 of the Clean Water Act or any state wetland regulations.

3.4.3 Soil Data (NRCS)

NRCS soil survey data is generalized information mapped at a scale that may not be suitable for site-specific planning or engineering design. Actual soil conditions may vary significantly from mapped data. Field investigation by a qualified soils scientist or geotechnical engineer is required for design purposes.

3.4.4 Precipitation Data (NOAA Atlas 14)

Precipitation frequency estimates are statistical values derived from historical data and are subject to uncertainty. The confidence intervals provided represent statistical uncertainty only and do not account for climate change or future conditions.

3.4.5 Climate Projections

Climate change projections provided through this Service are derived from published climate model ensembles and represent possible future scenarios, not predictions. Significant uncertainty exists in all climate projections. Users should consult with climate scientists for critical infrastructure decisions.

3.4.6 Water Quality Data (EPA ATTAINS)

Water quality assessment data is reported by states on a periodic cycle and may not reflect current conditions. Impairment listings and TMDL information should be verified with the appropriate state environmental agency.

3.4.7 Elevation Data (USGS 3DEP)

Digital Elevation Model (DEM) data has inherent resolution and accuracy limitations. The stated resolution (1m, 10m, 30m) does not guarantee accuracy at that level. DEM data should not be used for final grading design, floodplain delineation, or other applications requiring surveyed elevations.

3.5 Calculation Disclaimers

3.5.1 Hydrologic Calculations

Hydrologic calculations (curve numbers, time of concentration, peak discharge, runoff volumes, etc.) are based on simplified methods (TR-55, Rational Method, etc.) that involve assumptions and limitations. These calculations:

Are appropriate for preliminary planning only
May not meet specific jurisdictional requirements
Should be verified using jurisdiction-approved methods and software
Do not account for all site-specific conditions

3.5.2 Detention/Retention Sizing

Stormwater facility sizing outputs are preliminary estimates only. Final design must:

Be prepared by a licensed professional engineer
Meet all applicable local, state, and federal requirements
Account for site-specific conditions not captured by the Service
Be verified using jurisdiction-approved methods

3.5.3 Site Developability and Scoring Algorithms

Any scoring, indexing, or rating outputs (including but not limited to Site Developability Index, Permit Complexity Score, etc.) are proprietary algorithms intended to provide general guidance. These scores:

Do not guarantee actual development feasibility
Do not constitute professional opinions
Should not be the sole basis for investment or development decisions

4. User Accounts and Registration

4.1 Account Creation

To access certain features of the Service, you may be required to create an account. You agree to:

Provide accurate, current, and complete registration information
Maintain and promptly update your account information
Maintain the security and confidentiality of your login credentials
Accept responsibility for all activities under your account
Notify us immediately of any unauthorized use of your account

4.2 Account Termination

We reserve the right to suspend or terminate your account at any time for:

Violation of these Terms
Fraudulent, abusive, or illegal activity
Non-payment of fees
Extended periods of inactivity
Any other reason at our sole discretion

5. Acceptable Use

5.1 Permitted Uses

You may use the Service for:

Preliminary site assessment and feasibility studies
Planning and research purposes
Educational purposes
Informational purposes
As a starting point for professional analysis

5.2 Prohibited Uses

You may NOT use the Service to:

Conduct final engineering design without professional verification
Make official regulatory determinations (flood zones, wetland boundaries, etc.)
Misrepresent outputs as official government data or determinations
Claim government endorsement or certification
Overwhelm, disable, or impair the Service (denial of service)
Attempt to gain unauthorized access to any systems
Reverse engineer, decompile, or disassemble the Service
Resell or redistribute raw data without adding substantial value
Use automated systems to access the Service except through our official API
Violate any applicable laws or regulations

5.3 Professional Responsibility

If you are a licensed professional (engineer, surveyor, environmental scientist, etc.), you acknowledge that:

Use of the Service does not relieve you of your professional responsibilities
You must independently verify all data and calculations before relying upon them
You remain solely responsible for work product you produce using the Service
Professional standards of care apply regardless of tools used

6. Intellectual Property

6.1 Government Data

Much of the underlying data accessible through the Service is sourced from U.S. federal government agencies and is in the public domain. This public domain data is not owned by GeoTap or any private entity.

6.2 Our Intellectual Property

The following ARE proprietary to GeoTap and protected by intellectual property laws:

The Service's software, code, and architecture
Our proprietary algorithms and calculation methodologies
Report templates, formats, and designs
User interface design and user experience
Trademarks, logos, and branding
Documentation and help content
Any original content we create
The selection, arrangement, and presentation of data

6.3 User Content

You retain ownership of any content you upload to the Service. By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process that content solely for the purpose of providing the Service to you.

6.4 Feedback

If you provide suggestions, feedback, or ideas regarding the Service, you grant us an unrestricted, perpetual, royalty-free license to use such feedback for any purpose without compensation to you.

7. Payment and Billing

7.1 Subscription Plans

The Service may be offered under various subscription plans with different features and pricing. Current plans and pricing are available on our website.

7.2 Payment Terms

Subscription fees are billed in advance on a monthly or annual basis
All fees are non-refundable except as required by law
We reserve the right to change pricing with 30 days notice
Failure to pay may result in suspension or termination of service

7.3 Taxes

You are responsible for all applicable taxes. Subscription fees do not include taxes unless explicitly stated.

8. Limitation of Liability

8.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

The Service will be uninterrupted, timely, secure, or error-free
Results obtained from the Service will be accurate or reliable
Any errors in the Service will be corrected
The Service will meet your specific requirements

8.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GEOTAP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:

Any indirect, incidental, special, consequential, or punitive damages
Any loss of profits, revenue, data, or business opportunities
Any damages arising from your use or inability to use the Service
Any damages arising from reliance on any data or outputs from the Service
Any damages arising from unauthorized access to or alteration of your data
Any damages exceeding the fees paid by you in the twelve (12) months preceding the claim

8.3 Allocation of Risk

You acknowledge that:

The limitations of liability reflect a reasonable allocation of risk
The Service would not be provided without these limitations
You have the opportunity to independently verify all outputs

8.4 Essential Purpose

The limitations of liability shall apply even if any limited remedy fails of its essential purpose.

9. Indemnification

You agree to indemnify, defend, and hold harmless GeoTap, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

Your use of the Service
Your violation of these Terms
Your violation of any applicable laws or regulations
Your violation of any third-party rights
Any content you upload or transmit through the Service
Your reliance on any outputs from the Service
Any claims by third parties arising from your use of the Service
Your failure to obtain appropriate professional verification of outputs

10. Data Attribution

When using data or outputs from the Service, you agree to provide appropriate attribution to the original government data sources. Suggested attribution format:

"Data sources: NOAA Atlas 14, FEMA NFHL, USGS 3DEP, NRCS SSURGO, USFWS NWI, EPA ATTAINS. Aggregated and analyzed by GeoTap. For informational purposes only - not for official determinations."

11. Modifications to Service and Terms

11.1 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without notice or liability.

11.2 Terms Modifications

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Service. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law provisions.

12.2 Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through:

Informal Resolution: You agree to first attempt to resolve any dispute informally by contacting us.
Binding Arbitration: If informal resolution fails, disputes shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.
Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

12.3 Exceptions

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and API License Agreement (if applicable), constitute the entire agreement between you and GeoTap regarding the Service.

13.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

13.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

13.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights without restriction.

13.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

13.6 Notices

Notices to you may be made via email or through the Service. Notices to us must be sent to our official contact address.

14. Contact Information

For questions about these Terms of Service, please contact:

GeoTap
Email: legal@geotap.io

15. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND GEOTAP.

Document Version 1.0 - January 6, 2026