Last modified: 31 March 2021 

1. Scope of Support 

Portal26, Inc. will provide Support Services to the Subscriber for the Software listed in an Order. Portal26, Inc. shall use reasonable efforts to: (i) maintain Software (in an operable condition materially in accordance with the applicable Documentation); and (ii) make available for Subscriber’s use such modifications, improvements and enhancements as Portal26, Inc. may incorporate into the Software and generally make available to similarly situated Subscribers without additional charge. All corrections, modifications, improvements and enhancements to the Software shall remain the property of Portal26, Inc. and shall be used by Subscriber only as part of the Software subject to this Agreement. Professional services relating to implementation of the Software are not provided as part of Support Services.  All fees and costs incurred by Portal26, Inc. in connection with (i) special maintenance and support, including on-site support, requested by Subscriber and accepted by Portal26, Inc., and (ii) circumstances determined to have arisen from Subscriber’s negligence, breach of this Agreement, lack of training or appropriate skills, availability of Subscriber’s resources to apply such skills, and (iii) virtualization of Software in each case, shall be payable by Subscriber in accordance with Portal26, Inc.’s then-prevailing consulting services as appropriate. Subscriber shall cooperate in all reasonable ways with Portal26, Inc., including by providing such access, computer time, information, equipment, staff and facilities as may be reasonably necessary to identify, reproduce and remedy the circumstances.  Support Services for the Software is limited to the Subscriber licensed Software and excludes support and/or maintenance of any other technology or software used in conjunction with the Software.

2. New Releases

Portal26, Inc. will notify the Subscriber of major releases of the Software, together with minor releases, patch fix releases, updates, enhancements, fix-on-fail, or other such described minor releases between major releases of the Software. When a new, major release or any minor release is available, Portal26, Inc. will make the Software and all associated documentation and release notes available to the Subscriber. Portal26, Inc. shall ensure the necessary components and other versions of the Software are available electronically to the Subscriber.  In every case, Portal26, Inc. recommends that the Subscriber put in place and execute a thorough program & data backup & recovery plan prior to installing a new release of any Software. Each new major release of the Software will require a new authorization license file, which Portal26, Inc. will provide as a part of Support Services. Minor releases may rarely require a new authorization license file.

3. Maintained and Supported Releases. Portal26, Inc. provides Software with a X.Y.Z version number designation, where X designates major releases, Y minor releases, and Z indicates limited minor releases for select distribution on a fix-on-fail basis.  Portal26, Inc. supports major releases for a period of twelve months from general availability.  Thereafter, the major release (and all minor and limited minor releases) will not be supported.  All new Software development occurs progressively from the current generally available release of the Software and Subscribers may be required to upgrade through successive X and Y releases to ensure the proper function of their installed software or where an X or Y release corrects an error reported by Subscriber. 

4. Designated Support Contacts (“DSCs”) 

Subscriber is allowed four Designated Support Contacts (“DSCs”).  Each DSC must be knowledgeable in the operation and use of the Software.  Only DSCs may register support questions and maintenance issues on Subscriber’s behalf.  In rare circumstances, at Portal26, Inc.’s sole discretion, additional users with production related questions will be allowed to temporarily register issues. In this case, Portal26, Inc. shall copy all communication related to the issue to the registrant and the Subscriber’s DSC/(s).  DSCs may be registered or changed periodically via email to support@portal26.ai.

5. Support Hours 

Support is provided between 9:00 AM and 5:00 PM, Pacific Time on business days in the United States of America, excluding public US holidays. DSCs may register Support Services tickets via email to support@portal26.ai. 

6. Priority Setting & Response Times 

Portal26, Inc. will respond to support issues based on priority, as outlined in attached Schedule A.  Subscriber may set the priority when making the initial registration of the support issue. Portal26, Inc. reserves the right to revise this priority once the call is allocated and assessed. If no priority is assigned, then Priority 4 will be assumed.  Subscriber may escalate any unresolved Support Services issues as set forth in Schedule A. 

7. Portal26, Inc. Support – Included Services

Portal26, Inc. will provide Support Services for an unlimited number of registered support questions and issues about the Software, to specifically include the following types of issues:

1. General questions and issues surrounding functionality and capabilities of Software as licensed by Subscriber, including appropriate levels of how-to instruction, examples, or simple reviews of Subscriber’s implementation.

2. Receipt, installation, and review of complete or partial Software applications for the sole purpose of supporting Subscriber. Such databases and applications provided for support purposes shall be subject to confidentiality agreements in place between Portal26, Inc. and Subscriber, but may remain on file for support of future issues unless Subscriber indicates they wish for such to be deleted at the end of a specific support case. In all cases, Subscriber is solely responsible for determining whether it is able to send database or logs to Portal26, Inc. for support purposes, and whether such complies with any obligations it has with regard to data confidentiality or distribution. 

3. Use of one of the following communications Software: Zoom Meeting, Google Hangout software, subject to Subscriber’s security and /or firewall restrictions, to access the Subscriber’s application of the Software, with the approval and supervision of either Subscriber support case registrant or DSC, with the sole objective of resolving a support case. Portal26, Inc. may, from time to time, change the list of support communications software.

4. In the case any support issue results in a suspected Software failure to comply with the applicable Documentation (“bug”) being identified, such bug shall be tested and supported with a potential work-around prior to being passed to the Portal26, Inc. Software Management team, whereupon it is managed through the Research and Development processes.

5. In the case any special minor release is developed especially for Subscriber as a result of a support issue, Portal26, Inc. will, providing Subscriber makes models and databases available, test the fix-on-fail release against the Subscriber’s model specifically.

In all cases, if a Subscriber maintains that its data management or security processes or standards require Portal26, Inc. support personnel to provide support onsite to diagnose, determine work around/(s), or install and test fix-on-fail releases, regardless of whether such support is provided by Portal26, Inc. support personnel or other Portal26, Inc. personnel, such support will be billed at the normal list consulting rates plus expense reimbursement of reasonable travel and living expenses.

8. Portal26, Inc. Support – Excluded Services

Portal26, Inc. provides certain consulting services under a separate consulting services agreement. These services are billable on a time-and-materials basis with associated business expenses paid by the Subscriber. These services include, but are not limited to, original software installation and software upgrade installation. Subscriber should consider the following as guidance on where an issue transcends a support issue into a billable consulting or education work order:

1. Any project management, design, implementation, or quality assurance testing related to a specific application initiative by Subscriber and not specifically related to a registered “how-to” or Software performance issue.

2. Portal26, Inc. will only provide a very high level of guidance and support around virtualization as part of support services, generally focused on the published requirements for dedicated hardware and operating system environments for the proper operation of Software and/or application of such. Specifically excluded are any diagnostics or services resulting from performance materially different from that of the same Software and applications running on recommended, dedicated hardware. For example, it is the Subscriber’s responsibility to properly configure and manage virtualized environments to perform in a manner that is acceptable or compatible with a dedicated, recommended computing and database environment. 

3. Any person registering an issue that is not a DSC.  

4. Support around web services and integration in general are limited to specific web services calls made into the Software in terms of the request and reply made through the services interface. Any subsequent custom development in Subscriber’s own applications and integration software is not officially supported through Portal26, Inc. Support. Reasonable efforts will be made to support cases which extend just beyond direct interaction to the Services API of Software, but in all cases Portal26, Inc. shall, in its sole discretion, determine whether a complex services case is directly tied to the Software published services API.