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UNITY TERMS OF SERVICE
Last updated: January 28, 2022
Unity (sometimes “our” or “we”) provides game-development and related software
(the “Software”), support services and other development-related services (like
PlasticSCM and Unity DevOps) (“Developer Services), and various Unity
communities (like Unity Answers and Unity Connect (“Communities”)), provided
through or in connection with our website, accessible at unity3d.com or
unity.com (collectively, the “Site”). Except to the extent you and Unity have
executed a separate agreement, these terms and conditions exclusively govern
your access to and use of the Software, Developer Services, Communities and Site
(collectively, the “Services”), and constitute a binding legal agreement between
you and Unity (the “Terms”). These Terms, including all Additional Terms
referenced in Section 1.3 below, are, collectively, the “Agreement.” Unless
otherwise indicated, "Unity," as used throughout the Agreement, means Unity
Technologies ApS.
If you accept or agree to the Agreement on behalf of a company, organization or
other legal entity (a “Legal Entity”), you represent and warrant that you have
the authority to bind that Legal Entity to the Agreement and, in such event,
“you” and “your” will refer and apply to that company or other legal entity.
You acknowledge and agree that, by accessing, purchasing or using the services,
you are indicating that you have read, understand and agree to be bound by the
agreement whether or not you have created a unity account, subscribed to the
unity newsletter or otherwise registered with the site. If you do not agree to
these terms and all applicable additional terms, then you have no right to
access or use any of the services.
1. YOUR USE OF THE SERVICES
1.1 ELIGIBILITY
Except as expressly provided otherwise on the Site, the Services are intended
for persons above the age to consent to processing in their region (e.g., 13 in
the US, 16 in the EU, no minimum age in ANZ, etc.), however, you must be at
least 18 to make purchases or submit content to Unity. If you are under the age
of 18 or whatever is the age of legal majority where you access the Services,
you may purchase access to the Services only with the involvement of your legal
guardian, and you represent and warrant that your legal guardian has read,
understood and agreed to this Agreement.
1.2 PRIVACY
Your privacy is important to us. Unity’s Privacy Policy discloses the
information we collect and how we use it. By using any of the Services, you
agree to the terms of the Privacy Policy, so please review the Privacy Policy
carefully. You affirm that you have read and accept the Privacy Policy and its
terms.
If you are an elementary or secondary school purchasing educational Software for
distribution to/use by your students, you understand and accept the Unity
Educational Products for Schools Privacy Notice ("Privacy Notice"), and you
represent and warrant that you can and do consent, and have obtained all
relevant consents, to the limited collection of personal information from your
students in connection with providing access to those products (including
transfer of such information outside of the European Economic Area), as
described in the Privacy Notice.
1.3 ADDITIONAL TERMS
The Software, Developer Services and Site/Communities are subject to additional
terms as shown below (“Additional Terms”). For clarity, unless otherwise
indicated in specific Additional Terms, Services are provided by Unity
Technologies ApS.
Software
Unity Software Additional Terms (Unity Pro, Unity Plus and Unity Personal)
Unity ArtEngine Additional Terms
Unity Build Server Additional Terms
Unity Forma Additional Terms
Unity MARS Additional Terms
Unity Reflect Additional Terms
Unity VisualLive Additional Terms
SpeedTree v9 Products Additional Terms
Experimental Build/Beta Additional Terms
Support Services
Professional Services Additional Terms
Professional Services Descriptions
Publisher Support Terms
Success Plans Additional Terms
Success Plans Descriptions
Bug Submission Additional Terms
Site and Communities
Connect Additional Terms
Unity Site and Communities Additional Terms
Unity Pulse Additional Terms
Developer Services
Live Help Additional Terms
Unity DevOps and Plastic SCM Additional Terms
Unity Simulation Service Additional Terms
Learning Products & Services
Certification Program Additional Terms
Learning Credits Additional Terms
Learning Partner Instructor-Led Training Additional Terms
Self-Paced Courseware Additional Terms
Unity Training Workshop Additional Terms
Private Alphas
Additional Terms for alpha groups are made available separately to invitees of
certain product/services alpha groups.
If there is any conflict between these Terms and the Additional Terms, the
Additional Terms govern in relation to the relevant Software, Developer Service
or Site/Communities.
Unity Ads is operated by Unity Technologies SF and has its own terms and
conditions for the publishers and advertisers utilizing its services. Both of
these terms and conditions are subject to the Monetization and Advertising
Controller DPA for Monetization and Ads Terms of Service
The Unity Asset Store has separate terms and conditions for use of the Asset
Store and Asset Store Providers. Both of these terms and conditions are subject
to the Asset Store Controller DPA.
1.4 MODIFICATION
Unity reserves the right, at its sole discretion, to modify, discontinue or
terminate the Services. Unity may also modify the Agreement at any time and
without prior notice. If we modify the Agreement, we will post the modification
on the Site or otherwise provide you with notice of the modification. We will
also update the “Last updated” date at the top of these Terms. By continuing to
access or use the Services after we have provided you with notice of a
modification, you indicate that you agree to be bound by the modified Terms. If
the modified Terms are not acceptable to you, your only recourse is to cease
using the Services.
Notwithstanding this Section 1.4, any modification of the Unity Software
Additional Terms is subject to Section 8 of the Unity Software Additional Terms.
2. YOUR UNITY ACCOUNT
In order to use most Services, you must register for a “Unity Account”. To
create a Unity Account, you will be required to provide certain information and
you will establish a username and a password. You agree to provide accurate,
current and complete information during the registration process and to update
such information to keep it accurate, current and complete. Unity reserves the
right to suspend or terminate your account if any information provided during
the registration process or thereafter proves to be inaccurate, not current or
incomplete. You are responsible for safeguarding your password. You agree not to
disclose your password to any third party and to take sole responsibility for
any activities or actions under your account, whether or not you have authorized
such activities or actions. You will immediately notify Unity of any
unauthorized use of your account.
You may cancel your Unity Account at any time by sending an email to
support@unity3d.com. Canceling your Unity Account does not relieve you of the
obligation to pay any and all remaining amounts owing for your existing Software
or Developer Service subscriptions
3. YOUR RESPONSIBILITIES
You represent and warrant that: (a) you have the legal capacity to agree to the
Agreement; (b) you are not located in a country embargoed by the United States
and that you are not on the U.S. Treasury Department's list of Specially
Designated Nationals; and (c) you will comply with all applicable laws and
regulations in connection with your use of the Services (including but not
limited to applicable Federal Trade Commission rules and COPPA), and in
accordance with the terms and conditions specified in the Agreement.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 UNITY’S OWNERSHIP
The Site, Software, Developer Services, Communities and Website Content (as that
term is defined in the Site and Communities Additional Terms) are protected by
copyright, trademark, and other laws of the United States and foreign countries.
Except as expressly provided in the Agreement, Unity and its licensors
exclusively own all right, title and interest in and to the Services, including
all associated intellectual property rights. You will not remove, alter or
obscure any copyright, trademark, service mark or other proprietary rights
notices incorporated in or accompanying the Services.
4.2 YOUR CONTENT
As between you and Unity, you own all right, title and interest (including, all
intellectual property rights) in and to the content you create using the
Software, Developer Services and/or any content you post to the Site or in the
Communities (collectively, “Your Content”) (other than any components of the
Software contained therein or used in connection therewith).
4.3 DATA LICENSE
You grant Unity a perpetual, irrevocable, fully-paid and royalty-free license to
collect, access, process, transmit, store, copy, share, display, and use any
data and information collected by Unity or provided by you in connection with
your use of the Services in order to provide, operate, develop, improve, and/or
optimize any of our Services, and otherwise as permitted by our Privacy Policy.
4.4 COPYRIGHT POLICY
Unity respects copyright law and expects its users to do the same. Unity has
adopted and implemented a policy that provides for the termination in
appropriate circumstances of registered users or other account holders who
repeatedly infringe or are believed to be repeatedly infringing the rights of
copyright holders. Please see Unity’s Copyright Policy for further information.
4.5 PROPRIETARY RIGHTS NOTICES
All trademarks, service marks, logos, trade names and any other proprietary
designations of Unity used herein are trademarks or registered trademarks of
Unity. Any other trademarks, service marks, logos, trade names and any other
proprietary designations are the trademarks or registered trademarks of their
respective parties.
5. PAYMENTS
5.1 FEES
Fees for certain Services are set forth on the Site or via the service panel in
the Software (the “Service Panel”). Unity may increase, modify or add new fees
and charges for any of the Services from time to time by posting such changes to
the Site or within the Services Panel. Unity will provide you with at least 30
days’ notice of any changes affecting existing Software and/or Developer
Services you have already started using, and your continued use of such Software
and/or Developer Service after the effective date of any such change means that
you accept and agree to such changes, as applicable.
You agree to pay all amounts due for the Services as set forth in the online
cart, quote or invoice and in accordance with Unity's payment terms and, if
applicable, those of any payment processor. If any payment is not made on time,
Unity may deactivate your access to the Services.
Payments made under the Agreement shall be made without deduction or set-off for
any withholding taxes, levies, imports, duties, charges and/or fees imposed by
any governmental taxing authority except as required by law. If you are
compelled to make any such deduction, you will pay to Unity such additional
amounts as are necessary to ensure Unity's receipt of the full amount that Unity
would have received but for the deduction. You will be responsible for, and
agree to promptly pay, all taxes or duties of any kind (including but not
limited to sales, use and withholding taxes) associated with any purchase or
your receipt or use of the Services, except for taxes based on Unity’s net
income. In the event that Unity is required to collect any tax for which you
are responsible, you will pay such tax directly to Unity or its payment
processor. Unity reserves the right to collect any applicable sales, use or
value added tax.
All sales are final and there shall be no refunds except as required by law.
Further, Unity will not allow changes to your purchase after you complete it.
Unity may disable all copies of the Software and/or your access to any Services
you have licensed or subscribed to in the event you fail to make all payments
when due.
You acknowledge and agree that, in the case of certain Services, any estimates
of fees and charges provided to you by Unity (whether based on assumed data
consumption or otherwise) are solely estimates based on assumptions and that you
are fully responsible for the actual fees and charges that accrue.
5.2 BILLING
If you purchase Services, you will be asked to provide customary billing
information, such as name, company name, billing address, credit card
information, and VAT or GST number, either to Unity or its third party payment
processor. VAT and GST numbers cannot be added or changed after the purchase is
completed. When you provide billing information to Unity or its third party
payment processor, you: (i) represent and warrant that you are the authorized
user of the card, PIN, key or account associated with such billing information;
(ii) agree to pay Unity for all purchases (including all applicable taxes) made
via the Site or Services Panel; and (iii) thereby authorize Unity or its third
party payment processor to charge your credit card or otherwise process your
payment for any purchase, subscription or other fees incurred by you. If you are
directed to Unity’s third party payment processor, you may be subject to terms
and conditions governing use of that third party’s service and that third
party’s privacy policy. Please review such third party’s terms and conditions
and privacy policy before using such services.
5.3 SUBSCRIPTION TERMS
Any subscriptions you purchase will remain in effect for the initial
subscription period, and thereafter will automatically renew at the then-current
list price, unless you terminate and cancel it as described on the Site.
6. COMPLIANCE
To ensure compliance with the Agreement, you agree that within ten (10) days
from the date of Unity or its authorized representative’s request, you shall
provide all pertinent records and information requested in order to verify that
your installation and use of any and all Services is in compliance with the
Agreement along with a signed verification that all such information is complete
and correct. Furthermore, if you are a Legal Entity, Unity or its authorized
representatives may upon reasonable prior notice access and inspect your
facilities and computer systems to review and verify your compliance with the
Agreement. Any such inspection shall be conducted during regular business hours
at your facilities or electronically via remote access. In the event you have
impermissibly used Unity Personal (or other products) or have not paid the
applicable fees for all Services you have deployed or used, you agree to
immediately pay for such Services, as well as the reasonable inspection costs,
upon Unity’s demand.
7. TERMINATION AND ACCOUNT CANCELLATION
Unity will have the right in its sole discretion, and without prior notice to
you, to suspend or disable your Unity Account or terminate the Agreement and/or
your right or ability to access or use any of the Services if: (a) you breach
this Agreement; (b) your use of the Services poses a security risk to, or
otherwise adversely impacts, the Services or any third party; (c) your use of
the Services subjects Unity, our affiliates or any third party to liability; (d)
your use of the Services may be fraudulent; (e) you have ceased to operate in
the ordinary course, made an assignment for the benefit of creditors or similar
disposition of your assets, or become the subject of any bankruptcy,
reorganization, liquidation, dissolution or similar proceeding.
In the event of any suspension, disablement or termination, you acknowledge
that: (i) Unity will have no further obligation to provide the Services to you;
(ii) all rights granted to you under the Agreement will immediately cease; (iii)
you may no longer access any of Your Content that was previously submitted via
any of the Services or that was related to your Unity Account, and Unity will
have no obligation to maintain or forward you Your Content; and (iv) you will
remain liable for all fees and charges for all Services ordered. If Unity
suspends, disables or terminates due to your breach, you will also remain liable
for any remaining amounts owing for the entire term of your subscriptions. Any
suspension, disablement or termination will not affect your obligations to Unity
(including, without limitation, proprietary rights and ownership,
indemnification and limitation of liability), which by their sense and context
are intended to survive such suspension, disablement or termination.
8. DISCLAIMER
THE SERVICES ARE ALL PROVIDED BY UNITY ON AN “AS IS” AND “AS AVAILABLE” BASIS,
WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND.
UNITY AND ITS LICENSORS DO NOT WARRANT OR REPRESENT THAT THE SERVICES, OR ANY
PART THEREOF, WILL OPERATE UNINTERRUPTED OR ERROR-FREE. UNITY AND ITS LICENSORS
DISCLAIM ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR
WRITTEN), WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR
USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL:
(I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR
ANY PURPOSE (WHETHER OR NOT UNITY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR
IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NONINFRINGEMENT
OR CONDITION OF TITLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED FROM UNITY OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT
EXPRESSLY STATED IN THE AGREEMENT.
YOU SHALL BE SOLELY RESPONSIBLE FOR THE ACCURACY AND QUALITY OF YOUR CONTENT,
AND YOU UNDERSTAND THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH
YOUR USE OF THE SERVICES, OR YOUR RELIANCE ON THE ACCURACY, COMPLETENESS, OR
USEFULNESS OF THE SERVICES.
9. INDEMNITY
To the maximum extent permitted by law, you agree to defend, indemnify, and hold
Unity, its officers, directors, employees and agents, harmless from and against
any and all claims, actions, suits or proceedings, as well as any and all
losses, liabilities, damages, costs and expenses, including, without limitation,
reasonable legal and accounting fees, arising out of or in any way connected
with: (i) your access to or use of any of the Services; (ii) Your Content; or
(iii) your violation of the Agreement or any other agreement/license with Unity.
10. LIMITATION OF LIABILITY
UNITY AND ITS LICENSORS’ TOTAL AGGREGATE LIABILITY TO YOU FROM ALL CAUSES OF
ACTION AND UNDER ALL THEORIES OF LIABILITY RELATED TO THE SERVICES WILL BE
LIMITED TO THE GREATER OF: (A) THE AMOUNTS PAID BY YOU IN THE MOST RECENT THREE
(3) MONTHS FOR USE OF THE SERVICES; OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
IN NO EVENT WILL UNITY, ITS LICENSORS OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING OR DELIVERING THE SERVICES BE LIABLE TO YOU FOR ANY SPECIAL,
INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF
DATA, BUSINESS, PROFITS, GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM
FAILURE OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS
OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE EXECUTION
OR PERFORMANCE OF THE SERVICES, OR FROM THE USE OR INABILITY TO USE THE SITE,
COMMUNITIES OR WEBSITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR
MEETINGS WITH OTHERS AS A RESULT OF YOUR USE OF THE SITE, SERVICES OR
COMMUNITIES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND
WHETHER OR NOT UNITY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF
ANY LIMITED REMEDY SPECIFIED IN THE AGREEMENT IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
11. CONTROLLING LAW AND JURISDICTION
11.1 CHOICE OF LAW
The Agreement is governed by and construed in accordance with the laws of
Denmark, without regard to or application of conflict of laws rules or
principles. The United Nations Convention on Contracts for the International
Sale of Goods will not apply.
11.2 ARBITRATION
Except as set forth below in Section 11.3, any dispute arising out of or in
connection with the Agreement, including any disputes regarding the existence,
validity or termination thereof, shall be settled by arbitration. The parties
agree to arbitrate all disputes by simplified arbitration arranged by The Danish
Institute of Arbitration in accordance with the rules of simplified arbitration
procedure adopted by The Danish Institute of Arbitration and in force at the
time when such proceedings are commenced. The parties further agree that any
arbitration shall be conducted in their individual capacities only and not as a
class action or other representative action, and the parties expressly waive
their right to file a class action or seek relief on a class basis. You and
unity agree that each may bring claims against the other only in your or its
individual capacity, and not as a plaintiff or class member in any purported
class or representative proceeding. If any court or arbitrator determines that
the class action waiver set forth in this paragraph is void or unenforceable for
any reason or that an arbitration can proceed on a class basis, then the
arbitration provision set forth above shall be deemed null and void in its
entirety and the parties shall be deemed to have not agreed to arbitrate
disputes.
11.3 ARBITRATION EXCEPTIONS
Notwithstanding the parties’ agreement to resolve all disputes through
arbitration, either party may bring an action in court: (a) to enforce its
intellectual property rights (“intellectual property rights” means patents,
copyrights, moral rights, trademarks, and trade secrets, but not privacy or
publicity rights), including without limitation to seek injunctive relief; (b)
in cases that do not involve intellectual property rights, to seek temporary,
preliminary or other expedited or provisional injunctive relief (but not money
damages); or (c) collect fees due pursuant to the Agreement. If you reside (or
your principal place of business is) within the United States and the parties
have an intellectual property rights dispute, you and Unity agree to submit to
the personal and exclusive jurisdiction of and venue in the state and federal
courts located in San Francisco County, California. If you reside (or your
principal place of business is) outside of the United States and the parties
have an intellectual property rights dispute, you and Unity agree to submit to
the personal and exclusive jurisdiction of and venue in the courts located in
Copenhagen, Denmark. The parties agree to accept service of process by mail, and
hereby waive any and all jurisdictional and venue defenses otherwise available.
12. GENERAL
The Agreement is the complete and exclusive understanding and agreement between
the parties regarding its subject matter, and supersedes all proposals,
understandings or communications between the parties, oral or written, regarding
its subject matter, unless you and Unity have executed a separate agreement
governing your use of the Services, in which case such separate agreement(s)
will control in relation to the relevant Services. The English language version
of the Agreement is legally binding in case of any inconsistencies between the
English version and any translations. Any terms or conditions contained in your
purchase order or other ordering document that are inconsistent with or in
addition to the terms and conditions of the Agreement are hereby rejected by
Unity and will be deemed null. You may not assign or transfer the Agreement or
any rights granted hereunder, by operation of law or otherwise, without Unity’s
prior written consent. Any attempt by you to do so, without such consent, will
be void. Unity may assign or transfer the Agreement, at its sole discretion,
without restriction. Unity may assign your User account for collection, and the
collection agency may pursue claims limited to the collection of past due and
owing amount and any interest or cost of collection permitted by law or the
Agreement in any court of competent jurisdiction. Subject to the foregoing, the
Agreement will bind and inure to the benefit of the parties, their successors
and permitted assigns. Except as expressly set forth in the Agreement, the
exercise by either party of any of its remedies under the Agreement will be
without prejudice to its other remedies under the Agreement or otherwise. Unity
will deliver all notices, approvals or other communications required or
permitted under the Agreement, including those regarding modifications to the
Agreement: (a) via e-mail (in each case to the address that you provide); or
(ii) by posting to the Site, the Service Panel or your Unity Account. For
notices made by e-mail, the date of receipt will be deemed the date on which
such notice is transmitted. The failure by either party to enforce any provision
of the Agreement will not constitute a waiver of future enforcement of that or
any other provision. Any waiver, modification or amendment of any provision of
the Agreement will be effective only if in writing and signed by authorized
representatives of both parties. If any provision of the Agreement is held to be
unenforceable or invalid that provision will be enforced to the maximum extent
possible and the other provisions will remain in full force and effect.
If you have questions about these Terms of Service, you may contact
terms@unity3d.com.
If you have questions about your software license key, you may contact
support@unity3d.com.
QUICK JUMP
* 1. Your Use Of The Services
* 2. Your Unity Account
* 3. Your Responsibilities
* 4. Intellectual Property Rights
* 5. Payments
* 6. Compliance
* 7. Termination And Account Cancellation
* 8. Disclaimer
* 9. Indemnity
* 10. Limitation Of Liability
* 11. Controlling Law and Jurisdiction
* 12. General
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