Liability Disclaimer

1. Who actually certifies the certificate

ElevCert does not certify Elevation Certificates. You do. The licensed land surveyor (or other qualified certifier) who signs and seals Section H of a completed FEMA Elevation Certificate is the certifying, legally-responsible party for that certificate. ElevCert formats the input you provide into a printable PDF; the professional seal and signature on Section H are yours, not ours.

Specifically, ElevCert does not, and cannot:

• Perform field surveys or take measurements.
• Verify or attest to the accuracy of measurements you enter.
• Stamp, seal, or sign any certificate.
• Substitute for your professional judgment about the property, the jurisdiction, the applicable form version, or the appropriate certification language.

If a downstream party (a lender, an insurer, a building official, FEMA, a buyer) asks “who certified this certificate?” the answer is the licensed professional whose seal and signature appear in Section H — not ElevCert.

2. What ElevCert is

ElevCert is output-formatting assistance. It guides you section by section through the current FEMA Elevation Certificate form (FF-206-FY-22-152), looks up National Flood Hazard Layer data from public sources, cross-checks field inputs against cross-section rules, renders the certificate as a PDF, and remembers the form version that was active when you produced it. That is the whole product.

3. What ElevCert is not

• Not a substitute for a field survey, a topographic survey, or any other measurement work.
• Not a guarantee that the certificate will be accepted by any particular lender, insurer, building official, or other recipient. Acceptance is governed by their policies.
• Not a representation that NFHL data we surface is current or uncontested — flood maps update; we read the public source at the time of your lookup.
• Not an endorsement by, affiliation with, or representation of FEMA, the Federal Emergency Management Agency, or any U.S. government body.

4. License authority is yours

By using ElevCert to produce a certificate you represent that you hold the license (or other professional authority) required to certify the subject property in the subject jurisdiction. If you are not authorized to certify there, do not use ElevCert to produce a certificate for that property.

5. No warranty

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WITHOUT LIMITING THE FOREGOING, ELEVCERT DOES NOT WARRANT THAT THE OUTPUT WILL BE ERROR-FREE, THAT THE SERVICE WILL BE UNINTERRUPTED, OR THAT THE NFHL DATA OR OTHER THIRD-PARTY DATA WE SURFACE IS CURRENT OR COMPLETE.

6. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ELEVCERT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, ELEVCERT’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU ACTUALLY PAID ELEVCERT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS (US$100).

7. Risk allocation

You acknowledge that producing an Elevation Certificate carries professional and legal risk for the certifying surveyor. ElevCert allocates that risk to you, and you accept it, by using the service. If you are unwilling to accept that risk, do not use the service to produce certificates for third parties.

8. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold ElevCert harmless from claims arising out of or related to your use of the service, including claims arising from certificates you produce and from your representations to third parties about those certificates.

9. No FEMA endorsement

ElevCert is an independent software product. FEMA, the Federal Emergency Management Agency, and the U.S. government do not endorse, sponsor, or recommend ElevCert. The official Elevation Certificate form is published at no charge by FEMA; ElevCert charges for software assistance, not for the form itself.

10. Contact

Questions about this disclaimer can be sent to elevcert@polsia.app.