Unity Webshop - Terms of Use
Last updated: Jun 30, 2026
1. INTRODUCTION AND ACCEPTANCE OF TERMS
1.1 Agreement
These Terms of Use ("Terms") constitute a legally binding agreement between you ("you," "your," or "End User") and Unity Technologies SF ("Unity," "we," "us," or "our"), governing your access to and use of the Unity Webshop Service (the "Webshop Service"), accessible at shop.unity.com and any associated subdomains, mobile-optimized sites, or related applications.
The Webshop Service is a Unity hosted service that enables third-party game developers, ("Developers") to offer, display, market, and sell digital goods and services to you including in-game content, virtual items, virtual currency, downloadable content, subscriptions (collectively, "Developer Content").
You acknowledge that (a) the Webshop Service hosts Developer webshops and does not create, own, or control Developer Content made available by Developers through the Webshop Service; and (b) Unity is not the seller, retailer, merchant of record, or operator of any Developer webshop, does not set prices or availability, and does not receive, hold, process or transmit any funds in connection with your purchases.
Certain provisions of these Terms apply only to the extent permitted by the law applicable to you. If you reside in the European Union, the United Kingdom, or another jurisdiction with mandatory consumer-protection laws, the Region-Specific Terms in Section 15 apply to you and prevail over any conflicting provision of these Terms.
1.2 Additional Terms
The following additional policies and terms also apply when you access or use the Webshop Service, all of which are incorporated by reference into these Terms (“Additional Terms”).
- Game Player and App User Privacy Policy (“Privacy Policy”). Please read this policy carefully to understand how your information is collected, used, and shared in connection with your use of the Webshop Service.
- Content Policy. Here you can find information on how Unity moderates Developer Content.
1.3 Acceptance
By using the Webshop Service you agree to these Terms. If you create an Account, you will be asked to affirmatively accept these Terms (for example, by selecting "I agree"), including the mandatory arbitration agreement and class-action waiver. If you do not agree to these Terms, you must immediately discontinue use of the Webshop Service.
1.4 Eligibility
(a) Account Creation (optional). You are not required to create an Account to use the Webshop Service or to purchase Developer Content. If you choose to create one, you must be at least 18 years old.
(b) Purchasing Developer Content. To purchase Developer Content, you must reach the age of majority in your jurisdiction and have your in-game identity, account or profile with the Developer successfully authenticated by that Developer.
By creating an account or purchasing Developer Content, you confirm that you meet the applicable requirement and have the legal capacity to agree to these Terms. We may refuse, suspend, or cancel any account or purchase if we believe these requirements are not met.
1.5 Changes to Terms
We may update these Terms at any time, at our sole discretion. The "Last Updated" date at the top of these Terms will be revised to reflect the effective date of the most recent version. Changes take effect immediately upon posting and apply to all use of the Webshop Service from that point forward. Your continued use of the Webshop Service after any changes are posted constitutes your acceptance of the updated Terms. You are responsible for regularly reviewing these binding Terms.
2. USER ACCOUNTS
2.1 Account
Unity may offer you the option to create an account to access certain enhanced features including reliable access to the webshop across devices and platforms (“Account”). You may access and browse the Webshop Service without creating an Account.
2.2 Account Creation
If you choose to create an Account, you represent and warrant that you meet the Account eligibility requirements in Section 1.4. You agree that (a) the information you provide to us is accurate, current, and complete at all times; (b) you are responsible for all activity or violations on your Account; and (c) you will not share Account sign-in access.
You must maintain the security of your Account and notify Unity at unity-player-login-privacy@unity3d.com if you discover or suspect unauthorized use of your Account or any other breach of security.
You may delete your Account at any time by visiting this page.
2.3 Third Party Accounts Disclaimer
If you choose to log in to the Webshop Service via a third-party service (e.g., Google, Apple), you authorize us to access and store certain information from your third-party account as permitted by that service and as described in our Privacy Policy. We are not responsible for the practices or availability of these third-party services, and your use of them is governed by their respective terms and policies.
3. INTELLECTUAL PROPERTY
3.1 Unity Intellectual Property
The Webshop Service, including but not limited to its design, layout, user interface, graphics, logos, trademarks, service marks, trade names, software, code, text, images, and all other content and materials provided by Unity, are owned by or licensed to Unity and are protected by copyright, trademark, trade dress, and/or patent.
Subject to your compliance with these Terms, Unity grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Webshop Service for your personal, non-commercial purposes (i.e., to browse and purchase Developer Content for your own personal use).
These Terms do not grant you any ownership rights to the Webshop Service. All rights not explicitly granted are reserved by Unity and its licensors.
3.2 Developer Intellectual Property
All Developer Content, including but not limited to game assets, virtual items, virtual currency, character designs, descriptions, images, trademarks, and associated intellectual property, is owned by or licensed to the applicable Developer. Unity claims no ownership or control over any Developer Content. Your rights with respect to Developer Content are governed solely by the applicable Purchase Terms.
3.3 Feedback
If you provide Unity with any suggestions, ideas, feedback, or recommendations regarding the Webshop Service ("Feedback"), you hereby assign to Unity all right, title, and interest in and to such Feedback, and Unity shall be free to use, disclose, reproduce, modify, license, transfer, and otherwise exploit such Feedback without restriction, attribution, or compensation to you.
4. PROHIBITED USES
You agree that you will NOT, directly or indirectly:
(a) use the Webshop Service for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation;
(b) engage in any fraudulent, deceptive, or misleading activity on the Webshop Service, including but not limited to the use of stolen payment credentials, manipulation of pricing, or exploitation of promotional offers;
(c) attempt to gain unauthorized access to the Webshop Service, other users' accounts, or any computer systems, servers, or networks connected to the Webshop Service;
(d) interfere with, disrupt, or impose an unreasonable or disproportionately large load on the Webshop Service's infrastructure, servers, or networks;
(e) use any automated means, including robots, crawlers, scrapers, data mining tools, or similar technologies to access, collect, or extract data from the Webshop Service, unless expressly authorized by Unity in writing;
(f) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying structure of the Webshop Service or any component thereof;
(g) copy, modify, adapt, translate, create derivative works of, distribute, sell, resell, or exploit any portion of the Webshop Service without Unity's express prior written consent;
(h) remove, obscure, or alter any copyright notices, trademarks, or other proprietary rights notices contained in or displayed on the Webshop Service;
(i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(j) transmit any viruses, worms, Trojan horses, malware, or other harmful or disruptive code through the Webshop Service;
(k) use the Webshop Service to infringe upon the intellectual property rights, privacy rights, or other rights of any third party;
(l) resell, redistribute, or commercially exploit Developer Content purchased through the Webshop Service, except as expressly permitted by the applicable Purchase Terms;
(m) circumvent, disable, or otherwise interfere with any security, access control, or digital rights management features of the Webshop Service;
(n) AI/ML Training: Use any of the Webshop Service for the training, validation, or development of machine learning, artificial intelligence, or similar algorithmic models, including but not limited to training AI models on data, assets, or outputs derived from or generated via the use of the Webshop Service, regardless of method or purpose, without Unity's prior written authorization.
(o) Automated Data Ingestion for AI: Use automated scripts, bots, crawlers, or other data ingestion tools to access the Webshop Service, or any related APIs for the purpose of model training, knowledge base replication, or competitive intelligence, without a separate grant of rights from Unity.
(p) Agentic Access: Access, invoke, query, instruct, or otherwise interact with any of the Webshop Service (or cause any of the Webshop Service to be accessed, invoked, queried, or instructed) by means of any AI agent, autonomous or semi-autonomous software system, large language model, model-context-protocol (MCP) client or server, agentic framework, or any other automated, machine, or non-human caller, unless expressly authorized in writing by Unity. Any such authorization shall not be construed as a waiver of any other obligation or restriction set forth in these Terms; or
(q) Unauthorized Integrations: Develop, distribute, or use any plugin, extension, add-on, module, or third-party integration that interfaces with, accesses, or integrates into the Webshop Service without Unity's prior written authorization. Unity may, in its sole discretion, investigate any suspected violation and take any action it deems appropriate, including but not limited to issuing warnings, suspending or terminating access, removing content, and reporting conduct to law enforcement authorities.
5. WEBSHOP PURCHASES
5.1 Transactions between You and Developer
All purchases of Developer Content through the Webshop Service constitute direct transactions between you and the applicable Developer and are governed by separate terms established by the applicable Developer and/or payment provider ("Purchase Terms"). Developer Content is licensed to you by the Developer and not sold. The Purchase Terms are presented to you before you complete a purchase and It is your responsibility to review and accept them. Unity is not a party to, and assumes no responsibility or liability under, any Purchase Terms.
All pricing and availability of Developer Content is determined and set by the applicable Developer. Unity does not control, and is not responsible for, the accuracy of pricing information displayed on the Webshop Service or availability of Developer Content.
You acknowledge that, where you acquire or otherwise receive a license to Developer Content, the Developer and/or payment provider (as applicable) shall be responsible for any liability whatsoever under any Purchase Terms or any breach by Developer or payment provider, including (without limitation) liability for infringement of any intellectual property rights, irrespective of the fact that Unity hosts the Webshop Service.
5.2 Refunds, Returns and Cancellations
Unity does not process refunds, authorize returns, or manage cancellations on behalf of any Developer. All requests relating to:
- refunds, returns, or cancellations;
- billing disputes or chargebacks;
- payment failures; or
- fraud-related issues,
must be directed to the applicable Developer or payment provider in accordance with Purchase Terms.
Unity accepts no liability for any Developer's failure to process refunds, returns, or cancellations, or to resolve any billing or payment-related disputes.
Nothing in these Terms limits any statutory cancellation, withdrawal, or refund rights you may have under the consumer-protection laws of your country of residence (including, for EU/UK consumers, any right of withdrawal for digital content described in Section 15). Where such rights apply, they are provided by, and exercised against, the applicable Developer and/or payment provider in accordance with the Developer Terms.
6. PRIVACY AND DATA
6.1 Privacy Policy
Unity's collection, use, storage, and disclosure of your personal information in connection with the Webshop Service are governed by the Privacy Policy. By using the Webshop Service, you consent to the practices described in the Privacy Policy.
6.2 Cookies and Tracking Technologies
The Webshop Service may use cookies, pixel tags, web beacons, and similar tracking technologies as described in the Privacy Policy and, where applicable, the Cookie Policy.
7. Webshop Content
If you believe Developer Content available through the Webshop Service is illegal or violates the Content Policy, you may notify Unity using the mechanism described in the Content Policy. Unity will handle such notices, and communicate decisions and the reasons for them, as required by applicable law, including the EU Digital Services Act where it applies.
If you would like to report an Intellectual Property infringement under the DMCA, please see IP Policy & Takedown Requests.
8. Third-Party Links and Services
The Webshop Service may contain links to third-party websites, services, or resources. Unity provides these links for convenience only and does not endorse, control, or assume responsibility for any third-party content, products, services, practices, or policies. Your interaction with any third party accessed through the Webshop Service is at your own risk.
9. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNITY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSHOP SERVICE AND ANY DEVELOPER CONTENT OFFERED BY DEVELOPERS THROUGH THE WEBSHOP SERVICE.
THE WEBSHOP SERVICE IS MADE AVAILABLE BY UNITY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. YOUR USE OF THE WEBSHOP SERVICE, AND ANY DEVELOPER CONTENT OBTAINED THROUGH THE WEBSHOP SERVICE IS AT YOUR OWN RISK.
UNITY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY DEVELOPER CONTENT ADVERTISED OR OFFERED BY A DEVELOPER THROUGH THE WEBSHOP SERVICE. UNITY DOES NOT WARRANT THAT ANY TRANSACTION INITIATED ON THE WEBSHOP SERVICE WILL BE SUCCESSFULLY COMPLETED, PROCESSED OR FULFILLED.
UNITY, ITS LICENSORS AND SERVICE PROVIDERS DO NOT WARRANT OR REPRESENT THAT THE WEBSHOP SERVICE, DEVELOPER CONTENT OR SERVICES OBTAINED THROUGH THE WEBSHOP SERVICE, OR ANY PART THEREOF, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSHOP SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSHOP SERVICE OR DEVELOPER CONTENT OBTAINED THROUGH THE WEBSHOP SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING MANDATORY STATUTORY CONSUMER GUARANTEES.
10. LIMITATION OF LIABILITY
Unity’s aggregate liability arising out of or relating to these Terms will not exceed USD$100.
In no event will Unity or any licensors or service providers of Unity have any liability (directly or indirectly) for any incidental, special, indirect, consequential or punitive damages; arising out of or in connection with these Terms, your use or inability to the use the Webshop Service (including the inability to make a purchase), or any Developer Content purchased or transactions through the Webshop Service.
The limitations on liability in these Terms will apply to the maximum extent permitted by applicable law to any damages or other liability, however caused and regardless of the theory of liability, whether based on contract, tort (including negligence and strict liability), indemnification, recourse, statute or otherwise, and even if Unity and its licensors and service providers have been advised of the possibility of the liability or the liability is otherwise foreseeable, and regardless of whether the limited remedies in these Terms fail of their essential purpose.
Nothing in these Terms purports to restrict or exclude Unity’s liability for your damages or losses caused by Unity’s fraud, willful misconduct or gross negligence.
You acknowledge and agree that the disclaimers and limitations of liability set forth in Sections 9 and 10 reflect a reasonable and fair allocation of risk between you and Unity, and that these limitations form an essential basis of the bargain between you and Unity.
11. INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Unity from and against any and all claims, actions, demands, suits, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your breach of these Terms; (b) your violation of applicable law and any third-party platform policies; (c) your violation of any rights of any third party, including any intellectual property, privacy, or contractual rights; or (d) any dispute between you and any Developer, Payment Processor, or other End User.
At Unity’s option, you will assume control of the defense, but Unity retains the right to elect to assist or take over defense at any time. You may not enter into a settlement under this clause without Unity’s prior written approval.
12. GOVERNING LAW AND JURISDICTION
12.1 Governing Law
These Terms shall be governed by the laws of the State of California, United States of America without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply.
If you are a consumer, this choice of California law does not deprive you of the protection of any mandatory provisions of the law of your country of habitual residence, and nothing in these Terms limits your non-waivable statutory rights. For EU/UK consumers, Section 15 governs in the event of conflict.
12.2 Exclusive Jurisdiction
To the extent that arbitration is not required or applicable under Section 13, or for any proceedings ancillary to the arbitration (including proceedings to compel, enjoin, or confirm arbitration), you and Unity irrevocably consent to the exclusive personal jurisdiction and venue of the state and federal courts located in San Francisco County, California, United States of America.
12.3 Waiver of Objections
Each party irrevocably waives any objection it may now or hereafter have to the laying of venue of any action or proceeding in the courts referred to in Section 12.2, including any objection based on the doctrines of forum non conveniens or inconvenient forum.
13. ARBITRATION AGREEMENT
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. IT ALSO CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
This Section 13, including the class-action and jury-trial waivers, applies only to the extent enforceable under the law applicable to you. If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction where pre-dispute mandatory arbitration or class-action waivers are not enforceable against consumers, this Section 13 does not apply to you, and you may bring claims as set out in Section 15.
13.1 Scope of Arbitration
You and Unity agree that any dispute, claim, or controversy whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, arising out of or relating to these Terms, your use and access to the Webshop Services and any alleged violation of applicable law (collectively, "Disputes") will be resolved exclusively through final and binding individual arbitration, rather than in court, except as set forth below. This agreement to arbitrate is intended to be broadly interpreted.
This agreement to arbitrate is mutual. Both you and Unity waive the right to a jury trial and the right to litigate disputes in court, except as expressly provided herein.
Disputes between you and a Developer concerning Developer Content—including disputes about the quality, performance, functionality, licensing, or payment —are between you and the Developer (or the payment processor as applicable) and are governed by the applicable Purchase Terms. Unity is not a party to such disputes.
13.2 Exceptions to Arbitration
Notwithstanding Section 13.1, the following Disputes are not subject to arbitration:
(a) Small Claims Court. Either party may bring an individual action in small claims court in the county of your residence or in San Francisco County, California, provided the claim qualifies under applicable small claims court jurisdictional limits and remains on an individual (non-class, non-representative) basis.
(b) Intellectual Property Claims. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction for claims relating to the infringement, misappropriation, or violation of intellectual property rights (including copyrights, trademarks, trade secrets, and patents).
13.3 Opt-Out Right
You may opt out of this arbitration agreement within thirty (30) days of the date you first accept these Terms (i.e. when you first access the Webshop) by sending a written opt-out notice via email and certified mail:
Unity Technologies SF
Attn: Legal Department — Webshop Arbitration Opt-Out
116 New Montgomery Street, San Francisco, CA 94105
Email: legal@unity3d.com
Your opt-out notice must include your full legal name, your mailing address; your Unity account username or email address; and a clear, unambiguous statement that you wish to opt out of this arbitration agreement (e.g., "I opt out of the Unity Webshop arbitration agreement").
If you opt out, neither you nor Unity may require the other to participate in arbitration, but all other provisions of these Terms remain in full effect. Opting out of this arbitration agreement has no effect on any prior, other, or future arbitration agreements you may have with Unity for other Unity products or services. If you do not opt out of this Arbitration Agreement, but reject a future change to arbitration provisions, you agree that you will individually arbitrate any dispute in accordance with the language of this version of the Arbitration Agreement.
13.4 Informal Dispute Resolution (Mandatory Pre-Arbitration Process)
Before initiating arbitration, you and Unity agree to attempt to resolve any Dispute informally for at least sixty (60) days. The informal dispute resolution process begins when one party receives a written "Notice of Dispute" from the other. To notify Unity that you intend to initiate an informal dispute resolution conference, follow the instructions below.
All applicable statutes of limitations will be considered tolled beginning on the day a compliant Notice of Dispute is sent. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party's claims.
Your Notice of Dispute must include:
a) your full legal name;
b) if you have a Unity account, please list your email address and mailing address associated with the account. If not, your preferred email and mailing address;
c) your Unity account username or ID (if applicable);
d) a detailed description of the Dispute; and
e) the specific relief you seek (including any monetary amount).
Sending the Notice:
- To Unity: Send your Notice of Dispute by email to legal@unity3d.com and by certified mail to:
Unity Technologies
Attn: Legal Department — Dispute Resolution
116 New Montgomery Street, San Francisco, CA 94105
- To You: Unity will send its Notice of Dispute to the email address or mailing address associated with your Unity account (if applicable) or as notified by you to Unity.
The parties agree to negotiate in good faith during the 60-day informal resolution period. No arbitration may be filed until the 60-day period has expired. A court may enjoin the filing or prosecution of an arbitration demand that does not comply with this requirement.
If the Dispute is not resolved within 60 days from receipt of the Notice of Dispute, either party may proceed to arbitration as described below.
13.5 Arbitration Rules and Administering Body
The arbitration proceedings in this Section will be conducted on an individual basis only. These Terms affect interstate commerce, and all matters arising under this Section will be governed by the Federal Arbitration Act (“FAA”) in all respects.
If Informal Resolution does not resolve all Disputes between us, You and Unity agree that unresolved Disputes will be settled by Binding Individual Arbitration conducted by National Arbitration and Mediation (“NAM”), https://namadr.com, according to NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time the Dispute arises (the “Rules”), as modified by these Terms. If you reside in a jurisdiction where NAM is not available or unwilling to administer the arbitration, another administrator will be selected by the parties or by the court.
13.6 Arbitration Process
The arbitration process will involve the following steps:
(a) Initiation.
You or Unity may initiate arbitration of any Disputes not resolved by Informal Resolution by filing a Demand for Arbitration with the arbitration provider. Instructions for filing a Demand for Arbitration with NAM are available on the NAM website or by emailing NAM at commercial@namadr.com.
You must also send a Demand for Arbitration by certified mail to:
Unity Technologies
Attn: Legal Department
116 New Montgomery Street
San Francisco CA 94105
Unity will send any Demand for Arbitration to you to the email address and to any billing address you have provided us, and failing that, to the address notified by you to Unity.
(b) Arbitrator Selection. The arbitrator will be a single neutral with experience resolving similar Disputes selected in accordance with the Rules.
(c) Hearing Format. For claims of USD$10,000 or less, the arbitration shall be conducted solely on the basis of written submissions and documents unless you or Unity request a telephonic, video, or in-person hearing, or the arbitrator determines a hearing is necessary. For claims exceeding USD$10,000, the right to a hearing will be determined by the Rules.
(d) Location. If an in-person hearing is required, and you reside in the United States, the hearing will take place in San Francisco County, California, unless the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in your state and county of residence. If you reside outside the United States, the hearing shall be conducted via video conference unless the parties agree otherwise.
(e) Arbitrator Authority. The arbitrator shall have exclusive authority to resolve all Disputes, including whether any particular claim is arbitrable. All disputes regarding the payment of arbitrator or arbitration-organization fees, including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. However, a court (and not the arbitrator) shall have exclusive authority to determine challenges to the enforceability of the class action waiver in Section 13.11.The arbitrator will decide the rights and liabilities, if any, of you and Unity. Except as expressly agreed to in this Agreement, the arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute.
(f) Decision. The arbitrator's decision shall be final and binding on you and Unity. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based including. The arbitrator will have the authority to award, on an individual basis, monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and this Section, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The award shall benefit and be binding among only the individual parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall not be bound by rulings in prior arbitrations involving different Unity customers, but is/are bound by rulings in prior arbitrations involving the same Unity customer to the extent required by applicable law as if the matter had been litigated in a court in that jurisdiction. The arbitrator shall follow the applicable law.
Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, an application may be made to such court for judicial confirmation of any award and an order of enforcement.
(h) Confidentiality. The arbitration proceeding and all materials submitted shall be treated as confidential, except as necessary to enforce the arbitration award or as required by law. Notwithstanding the foregoing, either party may disclose the outcome of the arbitration to the extent necessary to confirm the existence and amount of any award for legitimate business, legal, or tax purposes.
13.7 Fees and Costs
The terms of this Consumer Arbitration Fees Section only apply to you if you are a “Consumer” within the meaning of Rules. Any dispute over your status as a Consumer will be resolved by the arbitrator.
(a) Consumer initiated arbitration: If you are a Consumer and you start an arbitration against Unity, you will pay the filing fee required for consumer arbitrations. But if your Demand states that your Dispute involves a total claim of damages of USD $10,000 or less, including any attorneys’ fees and all other relief you are seeking, Unity will reimburse you for the filing fee you paid to initiate the case in arbitration. Even if the Dispute involves a claim of damages of more than USD $10,000, if you completed Informal Resolution and demonstrate that arbitration costs will be prohibitive compared to litigation costs, Unity will pay as much of your filing fee as the arbitrator finds is necessary to prevent arbitration from being cost-prohibitive (as compared to the cost of litigation). When determining damages under this paragraph, claims of a similar nature filed by multiple individuals who share the same attorney (or whose attorneys are working together) will be combined into a single total. Notwithstanding the foregoing, if the arbitrator finds that your claim is frivolous or brought in bad faith (as measured by Federal Rule of Civil Procedure 11(b)), the allocation of fees shall be governed by the Rules.
(b) Unity initiated arbitration: If Unity starts an arbitration against you, Unity will pay all filing fees and costs, including the fees you otherwise would have been required to pay. If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless the applicable law provides otherwise.
13.8 One Year Limitation Period
You agree that any claim against Unity must be brought within one (1) year of the date on which you first become aware, or reasonably should have become aware, of facts giving rise to such claim . You agree that this one-year limitation period is reasonable and that if you fail to provide notice of intent to initiate an informal dispute resolution conference within such time, your claim will be forever barred and may not be pursued against Unity, either in arbitration or a court.
13.9 Mass Arbitration Procedures
If twenty-five (25) or more Notices of Disputes are sent that raise similar claims and have the same or coordinated counsel within a 30 day period, these will be considered “Mass Arbitration Cases” and will be treated as mass filings or multiple case filings according to the Rules, if and to the extent Mass Arbitration Cases are sought to be filed in arbitration as set forth in these Terms. Unity or you may advise the other of its or your belief that cases are Mass Arbitration Cases, and Disputes over whether a case or cases meet the contractual definition of “Mass Arbitration Cases” will be decided by the arbitration provider as an administrative matter (or by a Process Arbitrator if the arbitration provider so requires). Mass Arbitration Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below.
Unity will pay its share of arbitration fees for Mass Arbitration Cases, and each claimant will be responsible only for the claimant's own share. The consumer fee protections in Section 13.7 and NAM's consumer fee limits continue to apply, and no claimant will be required to pay fees that would make arbitration cost-prohibitive compared to litigation. The arbitrator may reallocate a claimant's fees to Unity to the extent necessary to prevent that result.
Applicable statutes of limitations will be tolled for claims asserted in a Mass Arbitration Cases from the time a compliant Notice of Dispute has been sent for that claimant until, under the terms of these Terms, the claimant’s Mass Arbitration Cases may be filed in arbitration or court.
Once counsel in the Mass Arbitration Case has advised Unity that all or substantially all the Notices of Dispute have been provided, counsel for the parties shall confer in good faith regarding the number of cases that should proceed in arbitration as bellwether cases. The number of cases chosen should suffice to allow each side to test the merits of its arguments. If the parties do not agree on the number of bellwethers, an even number shall be chosen by the arbitration provider as an administrative matter (or by a Process Arbitrator if the arbitration provider so requires). Factors that may be considered in making this decision include the complexity of the dispute and differences in facts or applicable laws among various cases. Once the number of bellwethers is fixed, each side shall select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen cases may be filed with the arbitration provider. The arbitration provider may not assess fees to Unity for any cases not filed. The parties acknowledge that resolution of some Mass Arbitration Cases will be delayed by this bellwether process.
Unless the parties agree otherwise, each bellwether trial should be assigned to a different arbitrator.
Once all bellwether trials have concluded (or sooner if the counsel for the claimants and Unity agree), Unity and claimants in the Mass Arbitration Cases must engage in a single mediation of all remaining Mass Arbitration Cases, with each side paying half the applicable mediation fee. Unity and the claimants must agree on a mediator within thirty (30) days after the conclusion of the last bellwether trial, and if they do not, the arbitration provider will promptly appoint a mediator as an administrative matter. Unity and the claimants will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.
If the mediation does not yield a global resolution, this arbitration requirement shall no longer apply to Disputes that are the subject of remaining Mass Arbitration Cases for which a compliant Notice of Dispute was received by the other party. Such Disputes may be filed only in the state courts in San Francisco, California, or if federal jurisdiction exists, in the United States District Court for the Northern District of California and you consent as part of these Terms to venue such cases exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or Unity from removing a case from state to federal court if removal is allowed under applicable law.
To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants whose claims were part of the Mass Arbitration Cases may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Mass Arbitration Cases who provided compliant Notices of Dispute, and any party may contest class certification at any stage of the litigation and on any available basis. This is a limited exception to the class action waiver that otherwise applies to all Disputes between us.
A court shall have the authority to enforce this process for resolving Mass Arbitration Cases and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
13.10 Waiver of Jury Trial. YOU AND UNITY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Unity are instead electing to have Disputes resolved by arbitration, except as specified this Arbitration Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
13.11 Class Action Waiver. EXCEPT AS EXPRESSLY AGREED TO IN THIS AGREEMENT, YOU AND UNITY AGREE TO WAIVE ANY RIGHT TO RESOLVE DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. ALL DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS EXCEPT AS SET FORTH IN THIS ARBITRATION AGREEMENT. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER EXCEPT AS SET FORTH IN THIS AGREEMENT. Subject to Unity’s consent, this provision does not prevent you from participating in a class-wide settlement of claims against Unity.
13.12 Modification and Severability
(a) Modification. Unity may revise the Terms in its discretion, however Unity does not have the right to alter the terms of the Arbitration Agreement in this Section 13 in respect to any Dispute once that Dispute arises, if such change would make arbitration less favourable to the claimant (as decided by the arbitrator) and if multiple claimants are proceeding in Mass Arbitration Cases, the applicability of revised terms to the Mass Arbitration Cases will be decided by the arbitration provider as a process matter (or by a Process Arbitrator, if the arbitration provider so requires).
(b) Severability. If any provision of this Section 13 is found to be illegal, invalid, or unenforceable, then that provision shall be severed, and the remainder of Terms shall be given full force and effect. The sole exception is that if the prohibition on mass arbitrations is found invalid, unenforceable, or illegal, you and Unity agree that this entire Section 13 will be void and unenforceable, and any dispute will be resolved in court subject to the venue and choice of law clauses specified in these Terms. For avoidance of doubt, if the requirement to arbitrate a dispute is not enforced, the class action waiver (Section 13.11) still applies unless that provision is separately and independently found not to be enforceable.
14. GENERAL PROVISIONS
14.1 Entire Agreement
These Terms, together with Additional Terms, constitute the entire agreement between you and Unity with respect to the Webshop Service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to the Webshop Service.
14.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect.
14.3 Waiver
No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Unity's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
14.4 Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Unity’s prior written consent, and any attempt to do so in breach of the foregoing will be null and void. Unity may assign these Terms and delegate its obligations under these Terms at any time and without notice.
14.5 Force Majeure
Unity shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond Unity's reasonable control, including but not limited to acts of God, fire, flood, earthquake, pandemic, epidemic, war, terrorism, government action, labor disputes, power failures, internet or telecommunications failures, cyberattacks, or third-party service outages.
14.6 Notices
Any notices by you to Unity will be sent via email to legal@unity3d.com or by postal mail or delivery service to Unity Technologies SF, Attention: Legal Department, 116 New Montgomery San Francisco, CA 94105. Such notices will be effective when received by Unity. Unity will deliver all notices, approvals or other communications required or permitted under these Terms, including those regarding modifications to these Terms: (a) via e-mail (in each case to the address that you provide), (b) by posting to the Site, or your account, or (c) in any other manner deemed reasonable by Unity that involves specific notification to you. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
14.7 Electronic Communications
By using the Webshop Service and/or creating an Account, you consent to receive electronic communications from Unity (e.g., emails, in-platform notifications). You agree that all agreements, notices, disclosures, and other communications that Unity provides to you electronically satisfy any legal requirement that such communications be in writing.
14.8 California Residents — Consumer Rights Notice
Under California Civil Code Section 1789.3, California users of the Webshop Service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
14.9 Localized Terms
The English language version of these Terms will be the version used when interpreting or construing these Terms, and any notices or other communications in connection with these Terms will be provided in the English language.
15. Region-Specific Terms (EU/UK Consumers)
15.1 Application and Precedence. This Section 15 applies to you if you are a Consumer resident in the European Union, the European Economic Area, or the United Kingdom. In the event of any conflict between this Section 15 and any other provision of these Terms, this Section 15 prevails for such Consumers. Nothing in these Terms affects your mandatory, non-waivable rights under the consumer-protection laws of your country of residence.
15.2 Nature of Unity's Service. Unity provides the Webshop Service as a hosting provider only. Unity is not the seller, trader, merchant of record, or operator in respect of any Developer Content. The seller and trader for the Developer Content you purchase is the applicable Developer (and/or the payment provider, as applicable), and your statutory consumer rights in respect of that Developer Content are exercised against the Developer and/or payment provider in accordance with the Developer Terms.
15.3 Right of Withdrawal (Digital Content). Where you are an EU/EEA Consumer, you may have a statutory right to withdraw from a purchase of digital content within 14 days under Directive 2011/83/EU; where you are a UK Consumer, equivalent rights apply under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. For digital content supplied immediately, this right may be lost where you have given your prior express consent to begin performance and have acknowledged that you thereby lose your right of withdrawal. Because Unity is not the seller, any such consent, acknowledgment, and the exercise of any withdrawal right are handled by the applicable Developer and/or payment provider through the Purchase Terms. Nothing in these Terms removes or restricts any statutory withdrawal right you may have.
15.4 Statutory Guarantees / Conformity. Your statutory rights regarding the conformity and quality of Developer Content — including under the EU Digital Content Directive (2019/770) and, for UK Consumers, the Consumer Rights Act 2015 — apply and are provided by the Developer as trader. The disclaimers of warranties in Section 9 do not exclude or limit any statutory consumer guarantee that cannot be excluded or limited under the law applicable to you.
15.5 Liability. Nothing in these Terms (including Sections 9 and 10) excludes or limits Unity's liability where it cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited. The USD $100 aggregate cap and the exclusions of indirect and consequential loss in Section 10 do not apply to the extent they would deprive you of a mandatory statutory remedy; in such cases Unity's liability is limited to the extent permitted by applicable law.
15.6 Indemnification. The indemnity in Section 11 does not apply to you to the extent it is unenforceable against consumers under the law applicable to you.
15.7 Governing Law. These Terms are governed by the law of California; however, as a Consumer you also retain the protection of the mandatory provisions of the law of your country of habitual residence, and the choice of California law does not deprive you of those protections (Article 6, Regulation (EC) No 593/2008 (Rome I), and equivalent UK assimilated law).
15.8 Disputes and Forum. The mandatory arbitration agreement, class-action waiver, and jury-trial waiver in Section 14 do not apply to you. You may bring proceedings relating to these Terms in the courts of your country of residence, and you may also be able to use any applicable alternative dispute resolution (ADR) procedure available in your jurisdiction. Unity may bring proceedings against you only in the courts of your country of residence.
15.9 Content Reporting. You may report illegal content or content that violates the Content Policy as described in Section 7 and the Content Policy. Unity will act on such reports as required by the EU Digital Services Act and other applicable law, including by providing a statement of reasons where required.