Accessibility Warranty

This Accessibility Warranty (“Warranty”) was last updated on May 26, 2020.

Definitions.

Warranty Limit

"Warranty Limit” means $1,000.  The Warranty Limit is cumulative and not per Eligible Claim.

Eligible Claim

“Eligible Claim” means a claim brought against you by an unrelated third party alleging that your operation of an Eligible Site violates Title III of the Americans with Disabilities Act because such Eligible Site does not conform to Web Content Accessibility Guidelines (WCAG) 2.2, Level AA.  

Eligible Offering

“Eligible Offering” means an Offering you obtained through an Eligible Platform or Eligible Plan, and is effective only for any third party claim originated and brought against you after purchasing and maintaining AudioEye®’s services.

Eligible Site

“Eligible Site” means a website you own and operate making continuous and active use of an Eligible Offering in accordance with the Terms. 

Eligible Platform

“Eligible Platform” means one of the following authorized AudioEye reseller platforms: Duda, Thryv.

Eligible Plan

“Eligible Plan” means one of the following authorized AudioEye Managed Plans: Simple, Advanced, or Commerce.

The terms “Warranty”, “Offering”, “Terms”, “you” and “your” have the meanings given in the AudioEye Terms of Service. 

Warranty

If you meet the requirements of this Warranty, AudioEye commits to reimburse you up to the Warranty Limit for a non-appealable final judgment awarded against you in an Eligible Claim (or an amount, up to $1,000, agreed in advance in writing by AudioEye you pay in settlement of such Eligible Claim).

Requirements.

Eligibility

The website through which you obtained your Offering must be an Eligible Platform or Plan at the time you notify AudioEye of your Eligible Claim. 

Notification

You must notify AudioEye of an Eligible Claim within 10 days of the date you first learn of the Eligible Claim by completing each of the steps indicated at: https://www.audioeye.com/eligible-claim

Compliance

You must remain in compliance with the Terms at all times and implement and use the Eligible Offering in connection with the Eligible Site in compliance with the Terms and otherwise ensure full and unimpeded delivery of the Eligible Offering through the Eligible Site.

Limits

AudioEye’s total financial obligation and liability to you under this Warranty will not exceed the Warranty Limit.

Sole Remedy

This Warranty states AudioEye’s sole and exclusive obligation, and your sole and exclusive remedy, for any claim alleging any violation of the Americans with Disabilities Act involving AudioEye or any Offering, including any Eligible Claim.

Revisions

AudioEye reserves the right to revise (or revoke) the terms of this Warranty at any time.Any revisions to this Warranty are effective when posted by AudioEye as part of this Warranty.