Service Level Agreement

This Service Level Agreement (“SLA”) was last updated on July 9, 2024. All capitalized terms not otherwise defined in this SLA shall have the definitions ascribed to them in AudioEye’s Terms of Service located at https://www.audioeye.com/terms-of-service/.

Offering Availability Generally

Except as described below, AudioEye will use commercially reasonable efforts to maintain an uptime of at least 99.9% of the time in a calendar year.

AudioEye Maintenance and Support

The following are AudioEye’s response protocol for maintenance and support requests:

  1. As appropriate, AudioEye will notify its customers of any scheduled maintenance that is expected to impact the delivery of any Offerings. AudioEye schedules all maintenance to be done outside of business hours and during low usage periods.
  2. AudioEye anticipates that each calendar quarter, the total scheduled downtime (“Downtime“) for its Offerings will not exceed twenty-four (24) hours. Downtime is primarily for ongoing updates or maintenance. As appropriate, AudioEye may provide advance notice for Downtime if it is expected to exceed (2) hours, and if the downtime will have an impact on the delivery of Service.

Network, Data Center, and Infrastructure Availability

  1. AudioEye expects to provide its network Infrastructure and data center infrastructure (“Infrastructure”) available 99.9% of the time in a particular month excluding exceptions or scheduled maintenance as described in Section 2 below. We use a third-party application to monitor and record such availability. AudioEye also leverages the AWS Infrastructure for hosting and delivery. Per the Introduction to AWS Security, AWS White Paper:

    The AWS infrastructure has been architected to be one of the most flexible and secure cloud computing environments available today. It is designed to provide an extremely scalable, highly reliable platform that enables customers to deploy applications and data quickly and securely.

    This infrastructure is built and managed not only according to security best practices and standards, but also with the unique needs of the cloud in mind. AWS uses redundant and layered controls, continuous validation and testing, and a substantial amount of automation to ensure that the underlying infrastructure is monitored and protected 24x7. AWS ensures that these controls are replicated in every new data center or service.
  2. Infrastructure will not be considered to be unavailable for any unavailability that results from (i) any maintenance performed for which Customers were notified at least 24 hours in advance; (ii) during a standard maintenance window.

AudioEye Response and Resolution Protocol

AudioEye Offerings are generally supported for application and system errors (“Errors”). In the event that a customer identifies a potential Error with an Offering, the customer should send an email to support@audioeye.com. The email must provide AudioEye with sufficient technical information to permit AudioEye to reproduce the Error (the “Error Data”), the name and telephone number of the customer’s contact and any troubleshooting steps performed. The email should also classify the Error as referenced below. Once AudioEye receives the email, it will use appropriate efforts to respond and resolve the Error, if possible.

AudioEye will respond to, and attempt to resolve, any Error in a time frame that AudioEye deems appropriate in light of the seriousness and business impact of the Error. AudioEye will keep customers updated on error resolution and expected time of restoration of full functionality as it deems appropriate.

Error Classification, Expected Response and Level Identification

Each reported to AudioEye should be classified based on the following criteria:

Severity 1: Fatal: Errors preventing all useful work from being performed.

Severity 2: Severe Impact: Errors, which disable major functions from being performed.

Severity 3: Degraded: Operations:  Errors disabling only certain nonessential functions.

Severity 4: Minimal Impact: Includes all other.

AudioEye expects to respond to reported Errors according to the following schedule:

ERROR CLASSIFICATION: LEVEL 1: LEVEL 2

Severity 1: 1 to 2 hours

Severity 2: 2 to 6 hours

Severity 3: 24 to 48 hours

Severity 4: 24 to 72 hours

AudioEye will use the following levels with respect to the Error:

Level 1 — Acknowledgment of receipt of Error report.

Level 2 — Provide patch, workaround, temporary or permanent fix and documentation correction pages.

Should AudioEye determine it is unable to provide a commercially acceptable resolution within a reasonable time frame, AudioEye will provide a written work plan stating the nature of AudioEye’s efforts to cure the Error and the expected time for a proposed resolution thereto.

The terms of this SLA shall only apply if the customer has a specific Order or agreement requiring AudioEye to meet the service obligations herein. Furthermore, if AudioEye is in breach of its obligations herein, customer’s sole and exclusive remedy will be (i) for AudioEye to promptly correct such breach or (ii) if AudioEye does not correct such breach within a reasonable amount of time customer shall have the right to terminate the applicable Service. The other Limitations of Liability referenced in the AudioEye Terms of Service shall also apply.