FloodArk is operated by FloodArk Inc., a Delaware corporation with its principal place of business at 1280 Hacienda Dr., Vista, CA 92081. References to “we,” “us,” and “our” in these Terms and the Privacy Policy refer to FloodArk Inc.
By installing or using FloodArk you agree to these Terms of Use, the Privacy Policy, and the Apple Annex below. If you do not agree, please do not use the app. These Terms apply to all users of FloodArk on Apple devices.
FloodArk is an informational tool. It is NOT an emergency dispatch service, NOT a substitute for official warnings, and NOT a substitute for the judgment of trained professionals or government agencies. In an emergency, dial 911 and follow instructions from the National Weather Service (weather.gov), the U.S. Geological Survey (usgs.gov), local emergency-management agencies, and broadcast media. Do not rely on FloodArk alone to make evacuation, sheltering, building-safety, medical, or insurance decisions.
FloodArk is offered through Apple's App Store as an auto-renewable subscription. Current options are $4.99 per month or $24.99 per year, each preceded by a 7-day free trial for new subscribers. Payment will be charged to your Apple ID account at confirmation of purchase. Your subscription automatically renews for the same term and at the same price (subject to any price-change notice required by Apple) unless you cancel at least 24 hours before the end of the current period. Your Apple ID account will be charged for renewal within 24 hours before the end of the current period. You can manage or cancel your subscription at any time by going to Settings → [your Apple ID] → Subscriptions on your device. Any unused portion of a free trial is forfeited when you purchase a subscription. We do not control Apple-managed billing or refunds; refund requests must generally be made through Apple at reportaproblem.apple.com, subject to Apple's policies and any non-waivable rights you have under applicable law.
Affirmative consent. By tapping “Start free trial,” “Subscribe,” or the equivalent button on the paywall, you expressly and affirmatively consent to the automatic-renewal terms set out above and to being charged on each renewal date through your Apple ID.
California residents. If you are a California resident, we will send you an annual reminder of your subscription's name, the renewal price and frequency, and instructions for cancellation, as required by Cal. Bus. & Prof. Code §17602.
Material change notice. We will provide at least 7 and not more than 30 days' notice before any material change to the auto-renewal terms (including any fee change), via in-app message and email where one is on file, along with cancellation instructions, in accordance with Cal. Bus. & Prof. Code §17602.
Refunds. Subscriptions are non-refundable except as required by applicable law or as offered at Apple's discretion. Nothing in this section limits any non-waivable right you have under the California Consumers Legal Remedies Act (Cal. Civ. Code §§1750 et seq.), the Unfair Competition Law (Cal. Bus. & Prof. Code §§17200 et seq.), the Automatic Renewal Law, or other applicable consumer-protection law.
You agree to use FloodArk only for personal, non-commercial purposes. You will not:
FloodArk's "Intel brief" summaries are generated by a large language model (Anthropic's Claude). They are interpretive summaries of underlying hazard data, not independent observations, and they may contain errors, omissions, or out-of-date information. Always cross-check the brief against the raw indicators displayed elsewhere in the app and against official sources before acting. We do not represent the brief as the output of a licensed meteorologist, geologist, or any other professional.
FloodArk is not a healthcare or medical service. We are not a HIPAA covered entity and not a HIPAA business associate. Air-quality indicators (AQI), heat indicators, and other health-adjacent values are informational only. Consult a qualified medical professional for any health decision, including decisions related to asthma, cardiovascular, respiratory, pregnancy, or other conditions.
You acknowledge that environmental hazards are inherently unpredictable and that sensors, models, and government feeds can be incomplete, delayed, or wrong. You agree that you use FloodArk AT YOUR OWN RISK and that your safety and that of those in your care depend on your own judgment, official warnings, and the advice of trained professionals — not on FloodArk.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOODARK IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AND TIMELINESS. NO ADVICE OR INFORMATION OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FLOODARK INC., ITS AFFILIATES, OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATING TO YOUR USE OF FLOODARK, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SUBSCRIPTION IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS IN THIS SECTION ARE ESSENTIAL ELEMENTS OF THE BARGAIN.
Nothing in this Section limits liability that cannot be limited by applicable law, including liability for (i) fraud or fraudulent misrepresentation, (ii) willful injury to the person or property of another, (iii) gross negligence, or (iv) violations of law (whether willful or negligent), in each case to the extent set forth in California Civil Code §1668 or any analogous statute. Some jurisdictions do not allow certain limitations of liability; in those jurisdictions, the limitations apply only to the extent permitted.
(a) Informal resolution required. Before filing a claim, you and we agree to try in good faith to resolve any dispute informally for at least 60 days after written notice. Your notice must be individually signed by you, sent to legal@flood-ark.com and to FloodArk Inc., Attn: Legal, 1280 Hacienda Dr., Vista, CA 92081, and must describe the dispute, the relief sought, and your contact information. Mass-produced or automated notices do not satisfy this Section.
(b) Binding arbitration. Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms or to FloodArk will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules in effect when filed. Arbitration will be conducted by a single arbitrator in your county of residence or by video, at your option. Judgment on the award may be entered in any court of competent jurisdiction.
(c) Carve-outs. Either party may (i) bring an individual action in small-claims court if it qualifies, (ii) seek injunctive or equitable relief in court to protect intellectual property rights, and (iii) seek public-injunctive relief in a California state court to the extent required under California law (see McGill v. Citibank, N.A.).
(d) Class, collective, and mass-action waiver. All disputes must be brought in your individual capacity, not as a plaintiff or class member in any purported class, collective, consolidated, mass, or representative proceeding. The arbitrator may award relief only to the individual party seeking relief. If a court finds the waiver of class or representative claims unenforceable as to a particular claim, that claim must be severed and litigated in court while all other claims proceed in arbitration.
(e) Fees. You pay only the consumer filing fee set by AAA; we pay the remaining filing, administrative, and arbitrator fees as set forth in AAA's consumer schedule. Each party bears its own attorneys' fees, except where a statute would shift fees to the prevailing party.
(f) 30-day opt-out. You may opt out of this Section by sending a signed written notice within 30 days of first accepting these Terms to legal@flood-ark.com with subject “Arbitration Opt-Out,” or by mail to FloodArk Inc., Attn: Legal, 1280 Hacienda Dr., Vista, CA 92081, including your name, the email associated with your account, and the words “I opt out of arbitration.” Opt-out does not affect any other provision of these Terms.
(g) Severability and survival. If any portion of this Section is held unenforceable, the remainder will be enforced; provided that if the class/collective/mass-action waiver is held unenforceable as to a claim, that claim alone is severed from this Section and may proceed in court.
(h) Governing law and jury waiver. The Federal Arbitration Act governs the interpretation and enforcement of this Section. To the extent not preempted, California law governs these Terms. YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL.
A1. Parties. These Terms are between you and FloodArk Inc. only, and not with Apple, Inc. (“Apple”). FloodArk Inc., not Apple, is solely responsible for FloodArk and its content. These Terms do not provide usage rules for FloodArk that conflict with the Apple Media Services Terms and Conditions as of the date you accept these Terms.
A2. Scope of License. Apple grants you a non-transferable license to use FloodArk on any Apple-branded products that you own or control, and as permitted by the Usage Rules in the Apple Media Services Terms, except that FloodArk may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
A3. Maintenance and Support. FloodArk Inc. is solely responsible for any maintenance and support services for FloodArk. Apple has no obligation to furnish any maintenance or support.
A4. Warranty. FloodArk Inc. is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of FloodArk to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for FloodArk to you. To the maximum extent permitted by law, Apple will have no other warranty obligation, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are FloodArk Inc.'s sole responsibility.
A5. Product Claims. FloodArk Inc., and not Apple, is responsible for addressing any claims by you or any third party relating to FloodArk or your possession or use of FloodArk, including (i) product-liability claims; (ii) any claim that FloodArk fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection, privacy, or similar legislation. Nothing in these Terms limits the liability of FloodArk Inc. to you beyond what applicable law permits.
A6. Intellectual Property. In the event of any third-party claim that FloodArk or your possession or use of FloodArk infringes that third party's intellectual property rights, FloodArk Inc., and not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any such claim.
A7. Legal Compliance. You represent and warrant that (i) you are not located in any country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist-supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
A8. Developer Name and Address. Questions, complaints, or claims about FloodArk should be directed to: FloodArk Inc., 1280 Hacienda Dr., Vista, CA 92081 / support@flood-ark.com.
A9. Third-Party Terms. You must comply with applicable third-party terms (including your wireless carrier's data-plan terms) when using FloodArk.
A10. Third-Party Beneficiary. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
If you believe content available through FloodArk infringes your copyright, please send a notice that complies with 17 U.S.C. §512(c)(3) to our designated agent: FloodArk Inc., Attn: DMCA Designated Agent, 1280 Hacienda Dr., Vista, CA 92081 / legal@flood-ark.com.
Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to be enforceable.
Entire Agreement. These Terms (including the Privacy Policy and the Apple Annex) are the entire agreement between you and us regarding FloodArk and supersede all prior agreements on the subject.
No Waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.
Force Majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including failures of third-party data feeds (e.g., NWS, USGS), failures of telecommunications or cloud-hosting providers, outages of third-party AI services (e.g., Anthropic), acts of nature, war, terrorism, civil unrest, governmental orders, or labor disputes.
Feedback. If you provide us with feedback, suggestions, or ideas about FloodArk (“Feedback”), you grant us a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate the Feedback into FloodArk and our other products and services, without obligation to you.
Beta Features. If we identify a feature as “beta,” “early access,” or similar, that feature is provided as is and may be modified, suspended, or discontinued at any time. You should not rely on a beta feature for any safety-related decision.
Indemnification by You. To the maximum extent permitted by law, you will defend, indemnify, and hold harmless FloodArk Inc. and its officers, employees, and affiliates from and against any third-party claim arising from (i) your misuse of FloodArk, (ii) your violation of these Terms, (iii) your violation of applicable law, or (iv) your infringement of any third-party right.
We may update these Terms over time. We will surface material changes inside the app at least 30 days before they take effect, and will update the “Last updated” date above. Continued use of FloodArk after a material change becomes effective constitutes acceptance of the revised Terms.
These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-laws principles. Subject to the arbitration provisions above, any dispute will be resolved in the state or federal courts located in San Diego County, California.
Privacy: privacy@flood-ark.com. Legal notices, DMCA complaints, and arbitration opt-outs: legal@flood-ark.com or FloodArk Inc., Attn: Legal, 1280 Hacienda Dr., Vista, CA 92081. General support: support@flood-ark.com. Accessibility format requests: accessibility@flood-ark.com.