AudioEye Off-Platform Solution

Reliance on the Services; Assumption of the Risk. Customer acknowledges that the Services are for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Customer acknowledges further that any reliance on the Services is at Customer’s own risk.

 

Package Features / Services

Services Ordered and Cost

On behalf of CivicPlus, AudioEye will provide the Services listed below to the Customer. AudioEye retains the right to change the Services subject to the terms of this Agreement.

 

Find

• Active Monitoring
  • Anonymously records potential accessibility issues based on prescribed WCAG elements anytime an end-user visits a page within the Authorized Domain
  • Results based on pages actually used (for example: more monitoring on a home page less on a blog from 3 years ago)
• Manual Testing
  • Functional usability testing conducted by assistive technology (AT) testers
  • Code review by accessibility engineers
  • Limitation: One Manual Testing per year per Authorized Domain

 

Fix

• Auto Remediations
  • Fixes that are applied to every page within an Authorized Domain
  • Automatically remediates common issues
• Manual Remediations
  • Remediations applied to templates and/or sites according to test results from Manual Testing
  • Limitation: Site Specific

 

Report

• Dashboard
  • Reporting insights
  • Resources & Documentation
  • Training Materials
• Source Feedback
  • Source Feedback Reports provided to Reseller
  • Reseller to determine when/whether to share with their Customer
• OnSite Scanner
  • Real-time testing results

 

Toolbar

• Visual Toolkit
  • Allows end users to fix visual issues on the Authorized Domain
  • Gives end-users control over contrast, colors, and spacing in order to fit their needs
• Help Desk
  • Gives end-users the ability to report an accessibility issue to AudioEye and the site owner; available 24/7

 

Documentation

• Sustainable Testing and Remediation (“STAR”) Plan
  • Default documentation for responding to a demand letter or complaint
  • Outlines how AudioEye enables site owners with a plan to sustain compliance
• Certification Statement
  • Delivered through the toolbar
  • Shows end-users that AudioEye is certifying compliance with WCAG standards
• Accessibility Statement
  • Statement that a site owner can integrate within their site
  • Demonstrates that a site is committed to providing an accessible experience

 

Training

• Online Training Library
  • Pre-made documentation and videos that show site owners how to fix certain issues, and why they matter

 

Premium Support

• Online/ZenDesk
  • Direct connection with an expert and dedicated Partner Account Manager
  • Priority support to resolve issues or questions when they arise

 

Legal Support Services

• Advanced Legal
  • If a demand letter/lawsuit is received our team will activate and respond line by line to the letter and provide support throughout the process
  • We will also fully remediate new validated issues on the site so site owners can show consistent progress and intent to be fully accessible
  • Limitation: Up to one demand letter/lawsuit per year

 

Compliance Standards

While no offering guarantees compliance, AudioEye’s solution provides services according to an accessibility compliance plan for your website. Specifically, AudioEye defines “compliance” by referencing well-established industry standards and long-standing models that define the required processes and procedures that comprise a successful website accessibility strategy. Those compliance elements, which are listed below, are typically outlined within mutually agreed-upon accessibility resolution agreements executed between disability advocates and organizations seeking to fulfill their obligations to ensure an optimal and equitable experience for individuals with disabilities. These standards are as follows:

 

Compliance Element	AudioEye Solution
Effectuate and Maintain a Comprehensive Plan	Sustainable Testing and Remediation (STAR) Plan Framework
Work with Accessibility Specialists	International Association of Accessibility Professionals (IAAP) Certified Experts (SMEs) design your STAR Plan.
Accessibility Training & Tooling	Online Training Library AudioEye Toolbar On-site Scanner
Provide a Public “Grievance Process”	24/7 Fully Managed Help Desk in Toolbar
Publish and Maintain Digital Accessibility  Policy Statement	Compliance Statement Accessibility Statement Template
Periodic SME Manual Auditing	Periodic technical analysis and functional usability testing (manual testing) conducted by Assistive Technology (AT) testers on templates and/or domains**
Fixing Reported Issues	AI/Auto Remediations Manual Remediations** Fix at Source Reporting/Guidance**
Conformance with Prevailing Digital Accessibility Standards (Current as of Effective Date: Web Content Accessibility Guidelines “WCAG” 2.1 Level AA)	STAR Plan achieves & sustains substantial conformance to eliminate existing - and mitigate future - digital access barriers

 

* Certain accessibility issues may need to be resolved by the Customer or the Customer at the source level.

** Tier-specific services; May require the purchase of additional add-on services.

 

In addition and notwithstanding anything to the contrary in this Statement of Work or any Order, (i) in no event will AudioEye, CivicPlus, any of their affiliates or any of their respective directors, officers, shareholders, employees, and agents (collectively, the “AudioEye Parties“), be liable for any damages (whether direct or otherwise) or subject to any indemnification, hold harmless or defense obligations arising out of, relating to or resulting from any third-party claim alleging that any website, tool or application subject to any AudioEye offering is not compliant with any laws, regulations, guidelines or standards relating to accessibility, including without limitation the Americans with Disabilities Act, the Unruh Civil Rights Act, the Rehabilitation Act or any web content accessibility guidelines (“Accessibility Claim”) and (ii) Customer covenants not to bring or assert any claim against AudioEye or the AudioEye Parties relating to such Accessibility Claim. 

 

If the Customer receives any communication, or as a defendant is served with a complaint, alleging an Accessibility Claim, the Customer will promptly provide CivicPlus and AudioEye with a copy of such communication or complaint. In connection with any Accessibility Claim, none of the Customer or any parent or affiliate or employee of any such entity or person will refer to AudioEye or the services performed by AudioEye without AudioEye having an opportunity to review and comment upon such reference.

Without limitation and unless otherwise provided in a separate agreement, the Service does not provide accessibility or compliance, or otherwise remediate, the following: (i) any documents, spreadsheets, PDFs, or other non-website content or files accessible via the Authorized Domain, (ii) any videos or other multimedia files accessible via the Authorized Domain (including embedded videos or multimedia files from third-party platforms), (iii) any non-website applications, (iv) any domains linked from the Authorized Domain that is not an Authorized Domain (including Google Maps or Instagram), (v) any third-party content or widget including plug-ins, iframes or applications, (vi) any plug-ins, iframes or applications that use the flash format, or (vii) a java application that operates in a separate window.