Page 1

Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington , D.C. 20549 FORM 10 - Q ( Mark One ) ☑ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15 ( d ) OF THE SECURITIES EXCHANGE ACT OF 1934 ☐ For the quarterly period ended September 30 , 2021 or TRANSITION REPORT UNDER SECTION 13 OR 15 ( d ) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from [ ] to [ ] Delaware Commission File Number : 001-38640 audioeye ™ AudioEye , Inc. ( Exact name of registrant as specified in its charter ) ( State or other jurisdiction of incorporation or organization ) 5210 East Williams Circle , Suite 750 , Tucson , Arizona ( Address of principal executive offices ) Title of each class 20-2939845 ( I.R.S. Employer Identification No. ) 85711 ( Zip Code ) Registrant's telephone number , including area code : 866-331-5324 Securities registered pursuant to Section 12 ( b ) of the Act : Common Stock , par value $ 0.00001 per share Trading Symbol ( s ) AEYE Name of each exchange on which registered The Nasdaq Capital Market Indicate by check mark whether the registrant : ( 1 ) has filed all reports required to be filed by Section 13 or 15 ( d ) of the Securities Exchange Act of 1934 during the preceding 12 months ( or for such shorter period that the registrant was required to file such reports ) and ( 2 ) has been subject to such filing requirements for the last 90 days . Yes > No ☐ Indicate by check mark whether the registrant has submitted electronically , every Interactive Data File required to be submitted pursuant to Rule 405 of Regulation S - T ( §232.405 of this chapter ) during the preceding 12 months ( or for such shorter period that the registrant was required to submit such files ) . Yes No □ Indicate by check mark whether the registrant is a large accelerated filer , an accelerated filer , a non - accelerated filer , a smaller reporting company , or an emerging growth company . See definitions of " large accelerated filer , " " accelerated filer , " " smaller reporting company , " and " emerging growth company " in Rule 12b - 2 of the Exchange Act . Large accelerated filer ☐ Non - accelerated filer Emerging growth company □ 冈 ☐ Accelerated filer Smaller reporting company ☑ If an emerging growth company , indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13 ( a ) of the Exchange Act . Indicate by check mark whether the registrant is a shell company ( as defined in Rule 12b - 2 of the Exchange Act ) . Yes No As of November 1 , 2021 , 11,354,397 shares of the registrant's common stock were issued and outstanding .