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3. COMPLIANCE PLAN STATEMENT <br />While no offering guarantees compliance, AudioEye’s solution provides services according to an accessibility <br />compliance plan for your website. Specifically, AudioEye defines “compliance” by referencing well -established <br />industry standards and long-standing models that define the required processes and procedures that comprise a <br />successful website accessibility strategy. Those compliance elements, which are listed below, are typically outlined <br />within mutually agreed upon accessibility resolution agreements executed between disability advocates and <br />organizations seeking to fulfill their obligations to ensure an optimal and equitable experience for individuals with <br />disabilities. These standards are as follows: <br />Compliance Element AudioEye Solution <br />Effectuate and Maintain a Comprehensive Plan Sustainable Testing and Remediation (STAR) Plan <br />Framework <br />Work with Accessibility Specialists International Association of Accessibility Professionals <br />(IAAP) Certified Experts (SMEs) design your STAR <br />Plan. <br />Accessibility Training & Tooling Online Training Library <br />AudioEye Toolbar <br />On-site Scanner <br />Provide a Public “Grievance Process” 24/7 Fully Managed Help Desk in Toolbar <br />Publish and Maintain Digital Accessibility Policy <br />Statement <br />Compliance Statement <br />Accessibility Statement Template <br />Periodic SME Manual Auditing Periodic technical analysis and functional usability <br />testing (manual testing) conducted by Assistive <br />Technology (AT) testers on templates and/or domains** <br />Fixing Reported Issues AI/Auto Remediations <br />Manual Remediations** <br />Fix at Source Reporting/Guidance** <br />Conformance with Prevailing Digital Accessibility <br />Standards (Current as of Effective Date: Web Content <br />Accessibility Guidelines “WCAG” 2.1 Level AA) <br />STAR Plan achieves & sustains substantial <br />conformance to eliminate existing - and mitigate future - <br />digital access barriers <br />* Certain accessibility issues may need to be resolved by Client at the source level. <br />** Tier-specific services; May requires the purchase of additional add-on services. <br />4. ADDITIONAL TERMS AND CONDITIONS <br />In addition and notwithstanding anything to the contrary in this SOW, (i) in no event will AudioEye, CivicPlus, any <br />of their affiliates or any of their respective directors, officers, shareholders, employees, and agents (collectively, the <br />“AudioEye Parties“), be liable for any damages (whether direct or otherwise) or subject to any indemnification, hold <br />harmless or defense obligations arising out of, relating to or resulting from any third party claim alleging that any <br />website, tool or application subject to any AudioEye offering is not compliant with any laws, regulations, guidelines <br />or standards relating to accessibility, including without limitation the Americans with Disabilities Act, the Unruh Civil <br />Rights Act, the Rehabilitation Act or any web content accessibility guidelines (“Accessibility Claim”) and (ii) Client <br />covenants not to bring or assert any claim against AudioEye or the AudioEye Parties relating to such Accessibility <br />Claim. <br />If AudioEye or Client or any parent or affiliate receives any communication, or as a defendant is served with a <br />complaint, alleging an Accessibility Claim, Client will promptly provide CivicPlus and AudioEye with a copy of such <br />communication or complaint. In connection with a ny Accessibility Claim, none of the CivicPlus or Client or any <br />parent or affiliate or employee of any such entity or person will refer to AudioEye or the services performed by <br />AudioEye without AudioEye having an opportunity to review and comment upon such reference. <br />Without limitation and unless otherwise provided in a separate agreement, the Service does not provide