Unity Success Services Additional Terms
Last updated: April 3, 2023
These Unity Success Services Additional Terms (“Success Services Terms”) govern your purchase and use of Unity’s Success Services and constitute a binding legal agreement between you and Unity. These Success Services Terms supplement the Unity Terms of Service. Capitalized terms used but not defined herein shall have the meanings given to such terms in the Terms.
1. Success Plans
Subject to your compliance with the terms and conditions of the Terms and your payment of all applicable fees, Unity will provide your team with Success Services, as modified or added to by the applicable Offering Identification.
Plan Scope and Limitations
Unity provides various Success Plan subscriptions to access Unity’s Success Services. Success Plans and Success Services are not available for all Unity Software and are subject to availability. It is your responsibility to determine whether the use of a Success Plan or Success Service is appropriate for your purposes.
Each Success Plan subscription is designated for a team of Unity Software users with valid Unity Software subscription seats either (a) working on one (1) Project, or (b) located in one (1) Geographic Region. If you want to extend your Success Plan to include additional Projects or Geographic Regions, you may do so by purchasing the applicable Success Plan Add-On. The following limitations apply to certain Success Plan subscriptions:
- The number of Starter Success Plans you purchase and subscribe to must be equal to the number of seats available with your Unity Pro license.
- If you are an Industry Customer as defined by the Unity Editor Software Terms you may not purchase or subscribe to Starter Success Plans.
Integrated Success and Publisher Support
- If you purchase or subscribe to Integrated Success Plans, Publisher Support, or an offering that includes a Project Review, you acknowledge and agree that the performance of Project Reviews are subject to the Consulting Services Additional Terms.
- You may purchase additional support by Partner Relations Managers (PRM) solely if you have an active subscription to an Integrated Success Plan or Publisher Support Plan.
These Success Services Terms and any applicable Success Plan will remain in effect for the initial subscription period, 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 Success Plan you renewed, but you cannot remove, downgrade or cancel any renewed Success Plan.
2. Support Requests
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 the Support Request Response Time Objectives. Responses will be provided by Unity 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 prioritize the backport of fixes 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.
In order to receive timely responses from and resolution to your Support Requests as contemplated in these Success Services 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 Unity 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 Unity Personnel.
- Provide development timetables including milestones and deliverables as necessary to enable Unity to provide timely and efficient services.
- Recognize that Success Services are often a collaborative and iterative process.
- Assign for suitability and respond in a timely way when the response is not suitable.
- 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 Unity Personnel 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 Unity Personnel between members of your team.
- Assess Support Request responses for suitability and respond in a timely way when the response is not suitable.
For all properly submitted Support Requests, Unity will undertake reasonable efforts to: (a) acknowledge receipt of a Support Request from a technical Services Personnel 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.
The Success Services will be available during Business Hours, except on holidays that are recognized where Unity's employees are located (e.g., Christmas Day, New Year's Day, Good Friday, etc.), and on any Unity company-wide holidays."
3. Publisher Support
Unity offers publishers the ability to purchase packages of Support Points to allocate towards Success Services for the benefit of their Designated Studios as set forth herein.
Support Points purchased during any Redemption Period are redeemable only during such Redemption Period and cannot be carried over to any subsequent Redemption Period; accordingly, any Support Points that remain unused by you beyond the then-current Redemption Period will be forfeited. Subsequent Support Point packages, as well as any additional Support Points, may be ordered for subsequent Redemption Periods at Unity’s then-current pricing.
Additional Support Points purchased during the Redemption Period must be purchased at least four (4) months prior to the end of the Redemption Period and will terminate at the end of the Redemption Period. If additional Support Points are purchased after the Redemption Period has commenced, the additional Support Point fee may be prorated on a per-month basis down to a minimum of four (4) months.
Support Points are non-refundable.
Support Point Redemption.
You will work with your Partner Relations Manager to allocate purchased Support Points to the following Unity Success Plans at the corresponding redemption values:
Essential Success / 1 Support Point
Integrated Success Services (does not include separate Project Review) / 3 Support Points
1 Project Review and 1 Accelerator / included with an initial purchase of at least 5 Support Points or may be purchased for an additional fee.
Support Points may be allocated to: (a) one (1) Designated Studio at a time; and (b) a particular Success Plan for a minimum of four (4) months during the Redemption Period. Provided you give Unity at least thirty (30) days’ prior written notice, and provided there are at least four (4) months remaining in the Redemption Period, you may reallocate Support Points to a different Designated Studio and/or a different Success Plan.
Senior-Level Contact. You agree to designate one (1) senior-level contact with whom your Partner Relations Manager will collaborate to manage your Support Point package, including allocating Support Points, arranging Project Reviews, engaging in quarterly reviews, etc. Your senior-level contact will be an authorized representative empowered to make necessary decisions for you or bring about such decisions without undue delay.
Designated Studios. You are purchasing Support Points for the benefit of certain Designated Studios. Accordingly, such Designated Studios will receive the benefit of any Success Services purchased on their behalf. You acknowledge and agree that, as a condition of Unity performing any Success Services for the benefit of a Designated Studio, such Designated Studio shall be informed of and acknowledge the Success Services Terms, including any applicable Offering Identification, and you will be primarily liable for any breach of these Terms caused by a Designated Studio.
4. Intellectual Property
For the avoidance of doubt, as between you and Unity, you own all right, title and interest in and to Your Materials.
Subject to your payment in full of fees listed in the applicable Offering Identification, Unity hereby grants to you a non-exclusive, royalty-free, non-transferable, non-sublicensable, worldwide, license to make, use, modify, reproduce and prepare derivative works of the Deliverable in your internal business operations, subject at all times to your compliance with the Terms. You may not use or redistribute the Deliverable for any other Project(s) and/or purpose other than the respective Project(s) and/or purpose under which Unity created and delivered the Deliverable.
You acknowledge and agree that Unity may (a) use Unity Materials in the course of creating or delivering the Deliverable to you, and/or (b) incorporate, Unity Materials into the Deliverable; therefore, for all fully paid-up Deliverable, Unity grants to you a limited, non-exclusive, royalty-free license under Unity’s Intellectual Property Rights to use the underlying Unity Materials and the underlying Success Services Materials only to the extent necessary to enable you to exploit such Deliverable, subject at all times to your compliance with the Terms.
You: (a) represent and warrant to Unity that you own or control all rights in and to all information and materials, including Your Materials, provided by you or on your behalf hereunder; (b) represent and warrant to Unity that you will obtain all required consents from End Users for Unity to provide the Success Services, if applicable; and (c) grant to Unity and its subcontractors a non-exclusive, royalty-free, non-transferable, non-sublicensable, worldwide, license to make, use, modify, reproduce and prepare derivative works of Your Materials in order to provide, develop and improve the Success Services and other Unity Offerings.
You acknowledge and agree that Unity owns or controls all Intellectual Property Rights in and to the Deliverable, Success Services Materials and Unity Materials used during Unity’s performance of Success Services. You will not reverse engineer, decompile, or otherwise attempt to derive source code from any portions of the Deliverable, Success Services Materials and/or Unity Materials.
You acknowledge that Unity is in the business of, among other things, developing technology and providing development services to third parties. Accordingly, nothing shall be construed to preclude Unity from developing, marketing, using, licensing, modifying or otherwise freely exploiting any services or materials that are similar to the Success Services provided hereunder. You agree that Unity, its Affiliates, and their employees are free to use and employ any generalized ideas, concepts, knowhow, methods, techniques or skills gained or learned during the course of any Success Services provided hereunder and retained in the unaided memory of Unity and its affiliates' employees, subject at all times to Unity's confidentiality obligations set forth in the “Confidentiality” section of these Success Services Terms.
Unity reserves all rights not expressly granted to you herein.
In addition to your confidentiality obligations set out in the Terms, you or Unity (as the “Disclosing Party”) may disclose or make available Confidential Information to the other party (as the “Receiving Party”) in connection with these Terms. The Receiving Party agrees not to disclose the Disclosing Party’s Confidential Information to any third party without the Disclosing Party’s prior written consent, other than to the Receiving Party’s employees, agents and consultants who need to know such information to carry out the purposes contemplated by these Terms and who are bound in writing by restrictions regarding disclosure and use of such information comparable to and no less restrictive than those set forth herein.
The Receiving Party agrees to use at least the same degree of care to prevent unauthorized use and disclosure of Confidential Information as the Receiving Party uses with respect to its own confidential information of like importance (but in no event less than a reasonable degree of care).
The Receiving Party may use or disclose Confidential Information to the extent (a) approved by the Disclosing Party in writing or (b) the Receiving Party is legally compelled to disclose such Confidential Information provided, however, that prior to any such compelled disclosure, the Receiving Party shall give the Disclosing Party reasonable advance notice of any such disclosure and shall cooperate with the Disclosing Party in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information.
At any time at the Disclosing Party’s request, the Receiving Party shall promptly return to the Disclosing Party or destroy all materials (in written, electronic or other form) containing the Disclosing Party’s Confidential Information, including any copies and extracts thereof, and so certify in writing to the Disclosing Party. It is not a breach of the foregoing obligation to the extent the Disclosing Party’s Confidential Information is contained in an electronic file created pursuant to the Receiving Party’s routine backup or archiving procedures if such file is not easily deleted and is not generally accessible beyond the need for disaster recovery or similar operations.
Unity Software and Services Obligations.
Unless otherwise agreed in writing, you and your team must have valid, active Unity Software or Unity Services subscriptions or entitlements, as applicable to your purchase of Success Services, throughout the Term.
Unity's obligation to provide Success 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. Unity will not and has no obligation to provide Services for Platforms that are not Unity Supported Platforms. Unity’s obligation to provide Success Services is subject to your compliance with the Terms and your payment of all applicable fees.
Concurrent Support Requests.
Unity and its Unity Personnel will provide Success Services for up to a maximum number of concurrent Support Requests from you according to your Success Plan subscription, as described in the Support Request Response Time Objectives. Additional Support Requests can be submitted at any time, but Unity and its Unity Personnel will not be obligated to support such additional Support Requests according to the Initial Response Times and will queue such additional Support Requests and only commence services when an existing Support Request 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 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.
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.
Unity will neither provide Success Services to end users of your Project(s), nor to sub-contractors working for you. Unity will have no obligation to provide Success 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 Success 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 services (subject to additional terms and fees) to address such User-Generated Error.
If Unity, in its sole discretion, determines that remote troubleshooting and investigation techniques employed by Unity have been unsuccessful and that on-site Success Services are the most effective way to resolve a Support Request, Unity may offer to provide such limited on-site Success Services, subject to additional terms and fees.
Unity may at its discretion subcontract provision of Success 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 Success Services in accordance with the terms herein and in accordance with best industry standards. In all instances Unity will use suitably qualified Unity 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.
You acknowledge and agree that the Deliverable provided hereunder is for your reference and guidance only; you agree to perform proper testing in your environment when using such Deliverable.
Success Terms Definitions
“Business Hours” means the hours between 2:00am and 3:00pm Pacific Time, Monday through Friday. Notwithstanding the foregoing, for customers based in the Asia Pacific region Business Hours means the hours between 9:00am and 6:00pm Coordinated Universal Time (UTC) +9.
“Deliverable” means any original work of authorship fixed in a tangible medium, including software code, content, and/or other materials, delivered by Unity to you in the scope of the Success Services.
“Designated Studio” means a studio for whom you allocate Support Points to a Success Plan hereunder.
“Geographic Region” means either: (a) one (1) contiguous country or territory, or (b) one (1) Coordinated Universal Time (UTC) time zone.
“Order Form” means Unity’s standard ordering document or other mutually agreed ordering document for the applicable Support Service.
“Project Review” means the short term consultancy engagements, accelerators, or audits as performed by Unity Personnel. Project Review may be offered as part of certain tiers of Success Plans.
“Redemption Period” means the period of twelve (12) consecutive months corresponding with your initial purchase of Support Points.
“Success Services” means the specific services provided by Unity set forth in the applicable Offering Identification under Success Plans, Publisher Support, and Success Plan Add-Ons or other similar support services offered by Unity including those set forth under the “Success Services” on https://unity.com/legal/additional-terms.
“Success Services Materials” means any intellectual property developed by Unity: (a) in the performance of Success Services (for example, methods or techniques developed to create or deliver Deliverable), but excluding the intellectual property of the Deliverable and of Your Materials; or (b) that are improvements to any of the foregoing.
“Success Plan” means a subscription to access certain plans for technical support available at different tiers as set out in the applicable Offering Identification.
“Success Plan Add-On” means the Success Plan as set out in the applicable Offering Identification that add to or otherwise update your Success Plan.
“Support Portal” means the online Support Request communication method provided to you by Unity.
“Support Points” means a type of electronic currency that may only be redeemed for Unity Success Plans.
“Support Request” means an accurate and complete question, issue or concern posted to the Support Portal in the English language.
“Term” means the period of time starting on the date you purchase Success Services pursuant to the Offering Identification and continuing for the period of time designated in the Offering Identification or these Success Services Terms, as applicable.
“Unity Personnel” means any Unity employee, any agent or other third party authorized by Unity to provide the Success Services.
“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.
“Deliverable” means any products, concepts, materials, techniques, know-how, and original work of authorship fixed in a tangible medium, including software code, content, and/or other materials, delivered by Unity to you in the scope of the Success Services.
“Your Materials” means any of the following that you provide to Unity for the performance of Success Services hereunder or in connection with the Deliverable: (a) any intellectual property owned by you; or (b) any Third Party Materials.
Support Request Response Time Objectives
The priority given to a Support Request will determine the "Initial Response Time" specified below:
Standard Technical Support
Standard / “STANDARD” / 48 Business Hours
Premium Technical Support
Priority 1 / "EMERGENCY" / 2 Business Hour
Priority 2 / "HIGH" / 4 Business Hours
Priority 3 / "NORMAL" / 8 Business Hours
Priority 4 / "LOW" / 12 Business Hours
- EMERGENCY (“Priority 1”): The problem results in extremely serious interruptions to the development or deployment of your Projects. It is affecting your entire team or causes serious impairment of essential operations for deployed Projects. For instance, data integrity is compromised or the issue is at risk of causing missed critical project deadlines or deliverables. You agree to contact your PRM for all Priority 1 issues.
- 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 Priority 1 (EMERGENCY) Support Requests, you will:
- File a Support Request via the Support Portal, which Support Request must include an accurate and complete description of the issues.
- Contact Unity via the emergency escalation method provided to you. For clarity, a Priority 1 Support Request will not be acknowledged by Unity as an emergency without this notification method.
- Provide Unity with a designated contact during the remedy period, either onsite or by pager, to assist with data gathering, troubleshooting, testing and applying the proposed solution.
In response to a properly submitted Priority 1 Support Request, Unity will:
- Contact the appropriate senior-level contact via phone or other real-time means.
- Assign Unity Personnel to own the issue and manage communications between you and Unity.
- Engage in regular communication with senior-level contacts for the duration of the engagement.
For all properly submitted Support Requests (Priorities 1-4), 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.
Concurrent Support Requests.
Guaranteed Initial Response Time for the first concurrent ticket
Guaranteed Initial Response Times for the first 5 concurrent tickets
Guaranteed Initial Response Times for the first 5 concurrent tickets
Guaranteed Initial Response Times for the first 5 concurrent tickets