Last updated: December 10, 2019
These Additional Terms (“Industry Managed Support Terms”) govern your subscription to access Unity’s "Industry Managed Support" offering and constitute a binding legal agreement between you and Unity. These Industry Managed Support Terms supplement and incorporate the Unity Terms of Service.
By purchasing a subscription to access Industry Managed Support, you agree that you understand these Industry Managed Support Terms and are legally bound to comply with these Industry Managed Support Terms. For clarity, if you purchase Industry Managed Support on behalf of a company, organization or other legal entity, you represent and warrant that you have the authority to bind that legal entity to the Industry Managed Support Terms and, in such event, “you” and “your” will refer and apply to that legal entity. If you do not or cannot accept these Industry Managed Support Terms, you are not authorized to receive the benefits of Industry Managed Support.
Industry Managed Support is designated for a team of Unity Software users with valid Unity Software subscriptions either (a) working on one (1) Project, or (b) located in one (1) Geographic Region. If you want to extend Industry Managed Support to additional Projects or Geographic Regions, you may do so for an additional fee.
Subject to your compliance with the terms and conditions of this Agreement and your payment of all applicable fees, Unity will provide your team with the Services listed in this Section 2.
- Unity will respond to properly submitted Support Requests concerning installation, activation, seat migration, configuration, troubleshooting and/or any other issues that may arise in connection with eligible Unity Software or your Project(s) in accordance with the response times specified in Section 3. Responses will be provided by Services Personnel.
- Unity will undertake commercially reasonable efforts, at Unity's discretion, either to provide work-arounds or to correct faults in the Unity Software.
- Unity will assign your team a DRM, who will be responsible for (a) facilitating Unity technical resources as needed to enable a holistic approach to solution deployment and management, effective and timely communication with your team, proactive identification and resolution of emerging issues, and effective prioritization of efforts by considering business impact and Service priorities; (b) maintaining an understanding and awareness of technical use of the Unity Software engagement within the account and act as a liaison between your team and other Unity technical departments as required, (c) escalation management for Priority 1 (Emergency) Support Requests (as further referred to in the section below); and (d) providing proactive communication on Updates.
3. Response Time Objectives.
The priority given to a Support Request will determine the "Initial Response Time" specified below:
Priority 2 / "HIGH" / 8 Business Hours
Priority 3 / "NORMAL" / 12 Business Hours
Priority 4 / "LOW" / 24 Business Hours
- HIGH PRIORITY (“Priority 2”). The problem results in serious interruptions to the development or deployment of your Projects. Portions of your team cannot perform important tasks, but the error does not impair essential operations. Major Project components cannot operate correctly due to issues with the Unity Software or APIs, or performance issues are apparent.
- NORMAL PRIORITY (“Priority 3”). The problem causes interruptions in the development or deployment of your Projects. It does not prevent the operation of a Project.
- LOW PRIORITY (“Priority 4”). The problem results in minimal or no interruptions to the development or deployment of your Projects (no business impact). The issue consists of "how to" questions including issues related to APIs and integration, installation and configuration inquiries, enhancement requests, or documentation questions.
For all properly submitted Support Requests (Priorities 2-4), Unity will undertake reasonable efforts to: (a) acknowledge receipt of a Support Request from a technical Service contact within the Initial Response Time; (b) provide a short status report to you within a reasonable time; (c) address the Support Request by providing a remedy (e.g., eliminating the defect in order to bring the Unity Software into substantial conformity with its applicable documentation, providing updates, or demonstrating how to avoid the effects of the defect with reasonable commercial effort). Each party acknowledges that despite a party's reasonable efforts, not all problems may be solvable. Where on-going investigation is required, you will receive regular updates to your Support Request. Additionally, such updates may increase or lower the severity of the issue, in which case the frequency of updates will change accordingly.
4. Your Obligations.
In order to receive timely responses from and resolution on your Support Requests as contemplated in these Industry Managed Support Terms. You will undertake the following. In the event you do not fulfill the obligations set out below, Unity, in its sole discretion, may downgrade the priority level of the Support Request.
- Use suitably qualified engineers and artists to develop your Projects with the Unity Software.
- Provide accurate and complete descriptions of problems and issues by submitting a Support Request via the Support Portal.
- Cooperate with Services Personnel where elaboration of an issue is required.
- Provide self-contained reproductions of issues or steps to reproduce the issue when possible.
- Provide script, artwork or project folders where needed by Services Personnel.
- Provide development timetables including milestones and deliverables as necessary to enable Unity to provide timely and efficient services.
- Recognize that Services are often a collaborative and iterative process.
- Assign each problem a priority level as described above.
- Close Support Requests when the issue or problem has been resolved.
- Designate Senior-Level Contacts (ideally one (1), but no more than three (3) per Project) and provide contact details (e-mail address and telephone number), so that Services Personnel and your DRM may contact the Senior-Level Contacts at any time in response to Priority 1 (Emergency) or 2 (High) Support Requests. Each Senior-Level Contact will be an authorized representative empowered to make necessary decisions for you or bring about such decisions without undue delay. Where necessary, Unity will rely on the single senior-most Senior-Level Contact to determine, among other things, the priority and alignment of any concurrent tickets and resolution paths.
- Share Support Request responses provided by Services Personnel between members of your team.
- Assess Support Request responses for suitability and respond in a timely way when the response is not suitable.
Current Software Version. Unity's obligation to provide Services will extend only to the current supported version(s) of the Unity Software for the Unity Supported Platforms that are applicable to your use of the Unity Software.
Concurrent Support Requests. Unity and its Services Personnel will perform Support Services for up to a defined maximum number of concurrent Support Requests, calculated based on your number of active Industry Managed Support subscriptions. This maximum number of concurrent Support Requests is calculated by subtracting 50 from the number of active Industry Managed Support subscriptions and dividing the result by 10, then rounding the result down to the nearest integer. Additional Support Requests can be submitted at any time, but Unity and its Services Personnel will queue such additional Support Requests and only commence services when the active Support Request(s) has been resolved and closed. You can adjust the order of the submitted Support Requests by setting priority levels via written notice to Unity or as otherwise agreed between you and Unity.
Support Portal. Support Requests sent to Unity using methods other than the Support Portal (or as otherwise directed by Unity) will be handled in a manner of Unity's choosing and will not qualify for the initial response times set out above. All members of your team with access to the Support Portal will be able to view the full contents of all Support Requests submitted on your behalf. You acknowledge that no provision will be made for restricted-access Support Requests.
Project Files. Where it is necessary for you to send the project files of your Project to Unity in connection with a Support Request, you must send a version of the project files in which unnecessary assets have been removed, and which is ready to be loaded onto a Unity machine without external server connections or special setup requests.
General Limitations. Unity’s obligation to provide Services shall extend only to your teams who have active, valid Unity Software subscriptions throughout the Term. Unity will neither provide Services to end users of your Project(s), nor to sub-contractors working for you. Unity will have no obligation to provide Services of any kind for problems in the operation or performance of the Unity Software to the extent caused by a User-Generated Error. If Unity determines that it is necessary to perform Services for a problem in the operation or performance of the Unity Software that is caused by a User-Generated Error, then Unity will notify you thereof as soon as Unity is aware of such User-Generated Error, and Unity may offer specialized Professional Services (subject to additional terms and fees) to address such User-Generated Error. If you accept this offer, Unity may invoice you at Unity's then-current time and materials rates for all such services performed by Unity.
Where you have a subscription to access and use the source code for the Unity Software, and you have created modifications, Unity will make a reasonable effort to accommodate any Support Requests in connection with your modifications. If Unity determines in its sole discretion that it is unable to provide Services for your modifications, for reasons including but not limited to the nature of such modifications and/or Unity’s lack of access to such modifications, Unity may offer to perform specialized Professional Services (subject to additional terms and fees). If you accept this offer, Unity may invoice you at Unity's then-current time and materials rates for all such services performed by Unity.
6. General Terms.
If Unity, in its sole discretion, determines that remote troubleshooting and investigation techniques employed by Unity have been unsuccessful and that on-site services are the most effective way to resolve a Support Request, Unity may offer to provide such limited on-site services, subject to your acceptance. If you accept this offer, you will not be charged for such on-site services, but will be charged for travel and living expenses.
Unity may at its discretion subcontract provision of Services to third parties, provided that Unity will continue to remain primarily responsible under the terms of the Agreement and will ensure that such third party providers provide all agreed services in accordance with the terms herein and in accordance with best industry standards. In all instances Unity will use suitably qualified Services Personnel.
To the maximum extent permitted by applicable law, Unity does not warrant or guarantee that the claimed or actual defects or malfunctions in the Unity Software will in fact be corrected.
The parties agree to hold each other’s Confidential Information in strict confidence, not to use it in any way, commercially or otherwise, and not to disclose it to others. Recipient agrees to take all actions reasonably necessary to protect the confidentiality of all Confidential Information including, without limitation, implementing and enforcing procedures to minimize the possibility of unauthorized use or disclosure of Confidential Information. All Confidential Information, if any, is provided “AS IS” and without any warranty, express, implied or otherwise, regarding its accuracy or performance.
Either party may from time to time provide Feedback. Feedback is entirely voluntary and, if given, is provided without any representations or warranty of any kind. Provided such party does not disclose the other party’s Confidential Information in violation of this Section 7, such party is free to act on such Feedback with no obligation to the other party.
These Industry Managed Support Terms will remain in effect for the initial subscription period (which has a minimum commitment of twelve (12) months), and thereafter will automatically renew for additional, consecutive twelve (12) month periods at the then-current list price unless either party notifies the other of its intent not to renew at least ninety (90) days prior to the end of the current subscription period. Once a renewal subscription period commences, you may add to or upgrade the service offerings you renewed, but you cannot remove, downgrade or cancel any renewed service offerings.
“Business Hours” means the hours between 2:00am and 6:00pm Pacific Time, Monday through Friday.
“Confidential Information” means any information, materials or knowledge that is disclosed by Discloser to Recipient in the course of Services and concerns Discloser and its business, including but not limited to business plans, roadmaps, financial condition, products, programming techniques, suppliers, technology or research and development. Confidential Information will not include any information that: (a) is or becomes part of the public domain through no fault of Recipient; (b) was rightfully in Recipient’s possession at the time of disclosure, without restriction as to use or disclosure; (c) has been rightfully received by Recipient from a third party without restriction as to use or disclosure; or (d) was developed by employees or agents of Recipient independently of and without reference to any information communicated to Recipient by Discloser.
“Discloser” means a party to these Industry Managed Support Terms that discloses or otherwise makes available Confidential Information to the other party.
“DRM” means the designated “Developer Relations Manager” provided to you by Unity.
“Feedback” means the suggestions, comments or other feedback provided by a party to these Industry Managed Support Terms to the other party with respect to such other party’s Confidential Information or their product or service offerings, including changes, improvements or new functionality or capabilities.
“Geographic Region” means either: (a) one (1) contiguous country or territory, or (b) one (1) Coordinated Universal Time (UTC) time zone.
“Initial Response Time” has the meaning set forth in the table in Section 3.
“Intellectual Property Rights” means, collectively, a party’s worldwide patent rights, copyright rights, mask work rights, trade secret rights, know-how, moral rights, and any and all other intellectual property or proprietary rights.
“Onsite Training Workshop(s)” means the educational services described below in Appendix 2 (Unity Training Workshops).
“Project(s)” means one or more of your project(s) developed with the Unity Software as described in the subscription agreement between you and Unity. Projects are inclusive of your applications, user interfaces, services, platforms, and any other developed content or functionality which utilizes all or any portion of the Unity Software, whether or not ultimately commercialized or distributed.
“Recipient’ means a party to these Industry Managed Support Terms when it receives Confidential Information from the other party.
“Services” means those Industry Managed Support services provided by Unity as outlined in these Industry Managed Support Terms.
“Services Personnel” means any Unity employee or any agent or other third party authorized by Unity to provide Services hereunder.
“Support Portal” means the online Support communication method provided to you by Unity.
“Support Request” means an accurate and complete question, issue or concern posted to the Support Portal in the English language.
“Unity Software” means the subscription software products subscribed to by your team, and for which you have purchased the Services described in these Industry Managed Support Terms.
“Updates” means major releases and error correction releases of the Unity Software, or parts thereof, which fix or correct known problems and may provide new functionality or features.
“User-Generated Error” means problems in the operation or performance of the Unity Software to the extent caused by any of the following: (a) third party software or hardware products, or use of the Unity Software in conjunction therewith, or (b) your use of the Unity Software other than as authorized in your subscription agreement with Unity.