Unity Monetization Services
Terms of Service
Last updated: May 27, 2020
These Terms of Service (the “Terms”) are a binding agreement between you and Unity Technologies SF, which is an entity duly organized and existing under the laws of the state of California (together with its affiliates and subsidiaries, "Unity"), and govern your use or access to the Monetization Services (defined in Section 30 below) made available to you by Unity.
The term “you” as used in the Terms means either an individual utilizing any of the Monetization Services in his or her individual capacity or the company or other entity affiliated with an individual utilizing any of the Monetization Services on behalf of that company or other entity. Please see Section 30 for definitions of certain capitalized terms used in the Terms.
By clicking to accept the Terms, registering for any of the Monetization Services or accessing, enabling or utilizing any of the Monetization Services or Monetization Services Assets, you represent that you have read, understand, accept and agree to the Terms. If you do not accept and agree with the Terms you are not authorized to use any of the Monetization Services or Monetization Services Assets.
If you are an individual entering into the Terms on behalf of a company or other entity, you represent that you are a duly authorized employee or agent of such company or other entity with the authority to enter into the Terms on behalf of such company or other entity and that such company or other entity will be bound by the Terms. If you are an individual entering into the Terms on your own behalf, you represent that you are the age of legal majority or older and have the legal capacity to enter into and be bound by the Terms.
1. Use of the Monetization Services.
1.1. In order to use the Monetization Services, you and your Users must create a Unity ID and provide any registration and other information as requested by Unity. Access to a Unity ID is provided solely to the individual registering that Unity ID and Unity IDs may not be shared among individuals. You are responsible for maintaining the confidentiality and security of all passwords and other credentials for all Unity IDs used by you and any of your Users. You are also responsible for all activities that occur through such Unity IDs and for each User’s compliance with the Terms. You also agree to immediately notify Unity of any unauthorized use of any such Unity IDs. In order to access and manage certain aspects of the Monetization Services and to receive payments associated with the Ads Services, you will also be required to provide other information as requested by Unity.
1.2. You agree that you will comply with all integration, configuration, technical and other guidelines and requirements set out in the Documentation (including, requirements relating to the delivery, proper placement and display of Ads, IAP Promos and Cross Promos), which may vary by platform and integration method. You agree to update to the most recent version of the Monetization Service SDKs within ninety (90) days of the version's release date. You agree to list Unity and its authorized resellers (as Unity may communicate to you from time to time) in your published app-ads.txt file. You also acknowledge that any access to and use of the Unity Software requires a separate, valid agreement between you and Unity or one of its Affiliates and would be subject to that agreement.
1.3. Subject to the Terms, Unity hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the Term to: (i) access and use the Monetization Services APIs and Sites solely as provided for in the Documentation and solely in connection with your use of corresponding Monetization Services for corresponding Applications; and (ii) use and integrate the Monetization Service SDKs in your Applications solely as provided for in the Documentation and solely to implement the corresponding Monetization Services in corresponding Applications. You acknowledge and agree that these licenses only apply to a respective Monetization Service or Monetization Services Asset if and when the respective Monetization Service or Monetization Services Asset is actually made available by Unity.
1.4. You acknowledge and agree that: (i) you may only use the Monetization Services and the Monetization Services Assets as expressly permitted in and in accordance with the Terms; and (ii) all licenses granted to you in the Terms are conditioned upon your compliance with the Terms.
1.5. A current Unity Software subscription level, fees or other requirements may apply for access to and use of certain Monetization Services or Monetization Services features. Unity reserves the right to apply or change any subscription requirements, fees, pricing, delivery methods, or other requirements associated with any of the Monetization Services or Monetization Services Assets or features at any time.
2. Ads Service.
In connection with your use of the Ads Service, you grant to Unity the worldwide, sublicensable, royalty free and fully paid-up right and license to: (i) sell, have sold, fill and have filled Inventory in your Applications for which the Ads Service is enabled; (ii) promote, market and report such Inventory to actual and prospective Demand Partners and other third parties (including, without limitation, by disclosing the names and identifiers for your Applications, such as bundle_ids or listing you on Unity’s published sellers.json file); and (iii) facilitate the reproduction, performance and display of Ads in your Applications for which the Ads Service is enabled. You agree that Unity has sole authority to: (a) identify, select and manage relationships with Demand Partners; and (b) determine the prices, price floors (standard and/or dynamic), or price reserves, as well as terms under which Inventory is sold.
3. Analytics Service.
3.1. In connection with your use of the Remote Settings and/or Unity Remote Config features of the Analytics Service, you grant to Unity the worldwide, royalty free and fully paid-up right and license to configure and adjust settings in corresponding Applications in accordance the remote settings and configurations you apply.
3.2. With respect to your use of Remote Config only, you agree that the Controller-Processor DPA applies in addition to these terms.
3.3 If and to the extent you use the Unity deltaDNA Services, the deltaDNA Terms and Conditions (accessible at https://deltadna.com/termsofservice/) apply to such use.
4. IAP Service.
In connection with your use of the IAP Service, you grant to Unity the worldwide, royalty free and fully paid-up right and license to: (i) configure and communicate the in-app store settings and configurations you implement through the IAP Service with the applicable platform stores; (ii) help facilitate purchase initialization and processing, purchase receipts and receipt validation between your Applications and the applicable platform stores; and (iii) retrieve any related data from the applicable platform stores and Applications. You acknowledge that by enabling the IAP Service, Unity Analytics and related data collection will be automatically enabled in the Applications for which the IAP Service is enabled.
5. IAP Promo Service.
In connection with your use of the IAP Promo Service, you grant to Unity the worldwide, royalty free and fully paid-up right and license to reproduce, perform and display, and facilitate the reproduction, performance and display of, IAP Promos and corresponding IAP Promo Content in your Applications in accordance with the configurations and placements you have implemented through the IAP Promo Service. You agree to provide Unity with your IAP Promo Content in the form and format and via the delivery method specified in the Documentation.
6. Cross Promo Service.
In connection with your use of the Cross Promo Service, you grant to Unity the worldwide, royalty free and fully paid-up right and license to reproduce, perform and display, and facilitate the reproduction, performance and display of, Cross Promos and corresponding Cross Promo Content in your Applications in accordance with the configurations and placements you have implemented through the Cross Promo Service. You agree to provide Unity with your Cross Promo Content in the form and format and via the delivery method specified in the Documentation.
7. Personalized Game Experience and Placements Service.
In connection with your use of Personalized Game Experience and Placements, you grant Unity the necessary rights and sole control to programmatically (i) personalize individual player experiences to optimize towards your selected performance targets; and (ii) decide which of the Monetization Services to use to dynamically deliver and place content (e.g., Ads, IAP Promo Content, Cross Promo Content).
8. Unified Identity Service.
You acknowledge and agree that you may not use the Unified Identity Service in connection with any Application that is “directed to children” under COPPA. In connection with your use of the Unified Identity Service single sign-on login, you agree to use a clearly branded “Unity Login” button as specified in the Documentation, provide a functioning and easy to find log-out option and provide the password reset feature enabled through the Unity Login Service in all Applications for which the Unified Identity Service is enabled. You may not access, proxy, request, collect, cache or store any End-User login credentials or passwords from the Unity Login Service, including in connection with an End-User attempting to reset a password, and you may not attempt to act as an intermediary between any End-User and Unity (e.g., by collecting text entered by an End-User in connection with the Unified Identity Service or collecting information in a manner that may seem like the information is being collected in connection with the Unified Identity Service). Subject to the limitations in this Section 8, you may use Unified Identity Service Data for user authentication in corresponding Applications and to customize the content and experience for End-Users within such Applications; in addition, to the extent Unity allows you to retrieve End-User email addresses through an authorized use of corresponding Monetization Services APIs, you may use these emails to communicate with the End-Users of the corresponding Application as needed for customer service and in connection with direct marketing for your Applications; provided, in all cases you must provide recipients with an easy to use ability to opt-out of direct marketing and other commercial communications, a clear and conspicuous notice in each communication about the opt-out and promptly honor all opt-out requests. You may not use any Unified Identity Service Data for any purposes other than as specified directly above. You agree you are prohibited from transferring Unified Identity Service Data to any third-party or using Unified Identity Service Data in connection with any advertising or other monetization-related services. You agree you will honor all End-User requests regarding deletion of Unified Identity Service Data and will delete all Unified Identity Service Data when and however directed by Unity, as well as immediately following any termination of your use of the Unified Identity Service. You agree you will take adequate security measures to protect and prevent unauthorized access to any Unified Identify Service Data you retrieve and that you are solely liability for any data breach or other unauthorized access or disclosure of such Unified Identify Service Data.
9. Insights Data.
You may use the Monetization Services APIs that Unity makes available to you to retrieve Insights Data solely as provided for in the Documentation. You may use Insights Data for your own business purposes, but you may not transfer Insights Data (including, anonymous, aggregated or derived data) to any third party (including, but not limited to, any ad network, data broker or other advertising or monetization related service) or expose Insights Data to the general public.
10. Experimental Services.
From time to time, Unity may provide Monetization Services in experimental, “beta”, or any other in-development release form, including “preview packages” (“Experimental Services”). You acknowledge and agree that any Experimental Services are still in development, unfinished, and may have bugs. Indeed, such Experimental Services may not work as intended or at all. As a result, while technical support may be offered by Unity at its sole discretion as described in any Documentation related to such Experimental Services, you acknowledge and agree that Unity has no obligation to provide any support in connection with the Experimental Services, nor any patches, updates, new releases, or new versions of the Experimental Services.
11. Certain Publisher Obligations.
11.1. If you are using the Ads Service, you agree to display all Ads delivered to your Applications in response to requests made to the Ads Service (whether directly or through mediation). You will not attempt to circumvent any frequency caps or like limitations placed on any Ads. You will comply with the Rewarded Inventory Policy in connection with all Rewarded Offers.
11.2. You may not modify, edit, alter, obscure or truncate the content, text, appearance or order of any Ads, IAP Promos or Cross Promos delivered via the Monetization Services or violate the Placement Policy.
11.3. You represent and warrant that your Applications will comply with the Content Policy and any applicable requirements imposed by your platform licensors (e.g., Apple or Google).
11.4. You will obtain all appropriate permissions from End-Users in connection with access to and usage of End-User’s device sensors (e.g., accelerometer, camera, etc.), as may be required from time to time in connection with the applicable Monetization Services.
11.5. You are solely responsible for accurately categorizing the content within each of your Applications and via the Ads Site utilizing any content, age or other filtering functionality for Ads that may be made available via the Ads Site. Unity does not guarantee that Ad content will be accurately filtered according to your settings.
11.6. You agree that you will not reverse engineer, disassemble or decompile any part of the Monetization Services or Monetization Services Assets or use the Monetization Services Assets with any software or other materials that are subject to licenses or restrictions (e.g., certain open source software licenses) that, when combined with the Monetization Services Assets, would require Unity or any other party to disclose, license, distribute or otherwise make all or any part of such Monetization Services Assets available to anyone.
11.7. You will not and will not authorize or otherwise permit any third party to: (i) access or use any part of the Monetization Services or Monetization Services Assets for any purpose except for access or use of corresponding Monetization Services and Monetization Services Assets for corresponding Applications in accordance with the Terms; (ii) market, sell, lease, rent, sublicense, distribute, syndicate, transfer or otherwise make available to any third party any part of the Monetization Services or Monetization Services Assets; (iii) decompile, reverse engineer, disassemble or create derivative works of the Monetization Services or any of the Monetization Services Assets; (iv) use any of the Monetization Services or Monetization Services Assets for timesharing or service bureau purposes, or otherwise for the benefit of any third party; (v) use any automated tool (e.g., robots, spiders) to access or use any part of the Monetization Services or Monetization Services Assets (including the Sites); (vi) attempt to circumvent or disable any technical, usage or other security features of the Monetization Services or Monetization Services Assets; (vii) use the Monetization Services or Monetization Services Assets in a manner that overburdens, or that threatens their integrity, performance or availability (including the Monetization Services APIs); (viii) remove, alter or obscure any proprietary notices (including copyright and trademark notices) on any of the Monetization Services, Monetization Services Assets or Ads; (ix) introduce any viruses, worms, defects, malware or any item of destructive nature though any of the Monetization Services or Monetization Services Assets or any of your Applications; (x) transmit or store any Sensitive Data in connection with the Monetization Services; (xi) take any other actions that interfere with, disrupt or interact in an unauthorized manner with any part of the Monetization Services or Monetization Services Assets (including any related computer systems, servers or networks); or (xii) create or attempt to create a substitute or similar service to any of the Monetization Services or anything similar to the Monetization Services Assets through the use of or access to any part of the Monetization Services or Monetization Services Assets.
11.8. Notwithstanding Section 11.7, you may enable the Ads Service on behalf of a third-party as a mediation provider; provided you agree you are bound by the Terms and you acknowledge and agree that you are fully responsible and liable for that third-party’s compliance with all terms, conditions, representations and warranties in the Terms. You are solely liable for any and all payments owed to any such third-party in connection with Ads served in its Applications.
12.2. You will notify Unity prior to any use of the Monetization Services in connection with any Application that is “directed to children” under COPPA. This notification must be made by appropriately designating such Applications via, as applicable, the administration portions of the Sites or the Unity Software.
12.3. In addition to the above, you agree that the Controller-Controller DPA applies in addition to these terms.
13. Ads Service; Invalid Activity.
You will not, nor will you authorize or encourage any third party to, violate the Invalid Activity Policy. You agree that if Unity determines that the Invalid Activity Policy has been violated, Unity may deduct any amounts to compensate for the violation, as determined by Unity in its sole discretion, from amounts otherwise payable to you, and you will reimburse Unity for all losses associated with any Invalid Activity Policy violations, as determined by in Unity in its sole discretion, immediately upon demand by Unity.
In connection with your use of the Ads Service, all Net Revenue attributable to the Ads belongs to Unity, except that Unity will pay you a percentage of Net Revenue attributable to the Ads that run in your Applications each calendar month.
14.1. All payments will be made in U.S. Dollars. Payments associated within manual invoicing will be made within thirty (30) days of the later of (i) the end of the corresponding calendar month and (ii) receipt of a properly issued invoice for that calendar month. You agree to provide invoices for amounts payable to you in the form and manner as requested by Unity. In the event Unity performs self-billing, you authorize and direct Unity to perform self-billing and generate monthly invoices on your behalf for amounts payable. Payments associated with self-billing will be made within sixty (60) days of the end of the corresponding calendar month. Unity will make self-billing invoices available to you, and you agree that should you fail to object to an invoice within ten (10) days of the corresponding invoice date, the invoice will be deemed as having been approved by you. You are responsible for any invoice adjustments, reporting and accounting required by any tax laws applicable to you (e.g., in the case of reverse VAT charges).
14.2. Unity’s obligation to pay a percentage of the Net Revenue payments to you is conditioned upon you providing Unity complete and accurate information relating to remittance of payment and requested tax information, and subject to adjustments for Deductions that may accrue. Amounts payable of less than one hundred dollars ($100 USD) may be held by Unity until amounts payable exceed one hundred dollars ($100 USD) or a final payment is due hereunder. To the extent payments made to you are not received due to the failure to provide accurate information, failure to cash a check, or otherwise, Unity has no ongoing obligation to hold such funds for you and, after a reasonable time as determined by Unity in its discretion, the funds will continue to be considered property of Unity.
14.3. Net Revenue and payment calculations will be based on Unity’s measurements, which will be the system of record for calculating such sums. The Net Revenue share percentage applicable to you may be varied from time to time in Unity’s discretion.
14.4. In the event of any overpayment or other payment error (as determined by Unity), whether as a result of inaccurate information from a third party or otherwise (e.g., due to Deductions), Unity may in its sole discretion: (i) deduct any overpayments or amounts associated with other payment errors from future payments due to you; and/or (ii) require reimbursement in full of any such amounts, which you agree to remit to Unity in full within seven (7) business days of request. Unity reserves the right to deduct from any payments due or payable to you any amounts that you may owe Unity or any of its Affiliates in connection with any product or service. You agree that Unity may withhold payments due to you in the event that you breach these Terms.
Except as otherwise expressly provided by Unity to the contrary, all payments from Unity hereunder are inclusive of taxes, and any taxes (including sales, use, goods and services (GST), value added (VAT), excise or other taxes (other than taxes based on Unity net income)) arising from or related to your use of the Monetization Services or payments made to you will be your responsibility and must be remitted by you. In case applicable laws require withholding of any amounts due to you, Unity may withhold such amounts, unless you provide an adequate certificate of exception from such withholding taxes (amounts payable to you will not be grossed up on account of withholding taxes).
16. Monetization Services Data.
As between you and Unity, you own all right, title and interest (including all intellectual property and proprietary rights) in and to your Applications, your IAP Promo Content and your Cross Promo Content. As between you and Unity, Unity owns all right, title and interest (including, all intellectual property and proprietary rights) in and to the Monetization Services and Monetization Services Assets.
18. Reservation of Rights.
You agree that other than as expressly provided in the Terms, Unity grants you no right, title or interest in or to the Monetization Services or any of the Monetization Services Assets. Unity reserves the right to suspend, reject or terminate your access to and use of any of the Monetization Services or Monetization Services Assets and to suspend, deprecate, terminate or modify any of the Monetization Services or components thereof, Monetization Services Assets, or these Terms, all at any time, with or without notice, and with no liability to Unity.
You grant to Unity a royalty-free, fully paid-up, sublicensable, nonexclusive, worldwide license to reproduce, display, distribute and otherwise use the trademarks, service marks, logos, brand features and content from or associated with any of your Applications in advertising, marketing, promotions and promotional materials related to the Monetization Services, Unity or any of its Affiliates.
You are not required to provide Feedback to Unity, but in the event you do so, Unity will own the Feedback. You irrevocably assign to Unity all right, title and interest (including all intellectual property and proprietary rights) in and to any Feedback, which Unity, its Affiliates, licensees and business partners may exploit without restriction or obligation.
You agree not to disclose Confidential Information (defined below) without Unity’s prior written consent and to use at least the same degree of care to prevent unauthorized use and disclosure of Confidential Information as you use with respect to your own confidential information of like importance (but in no event less than a reasonable degree of care). “Confidential Information” includes any and all information that is disclosed by Unity that is marked or verbally designated as “confidential” or the like or that given the circumstances surrounding its disclosure or the nature of the information a reasonable person would conclude to be confidential.
22. Representations and Warranties.
You hereby represent and warrant that: (i) you are the owner or legally authorized to act on behalf of the owner of each of your Applications; (ii) you have and will maintain all necessary rights, power, licenses and authority to enter into the Terms and to perform the acts required of you and to permit Unity to perform its obligations, and exercise any rights or licenses you grant, under the Terms; (iii) each of your Applications is in compliance with the Terms, including, as applicable, the Content Policy, Placement Policy, Rewarded Inventory Policy and Invalid Activity Policy; (iv) your Applications, Cross Promo Content and IAP Promo Content do not infringe the intellectual property rights, privacy rights, rights of publicity or other rights of any person or entity; (v) your Applications and you and your activities in connection with the Monetization Services will comply with all applicable laws and regulations; (vi) you will obtain and comply with any and all applicable consents, authorizations and clearances from End-Users to allow Unity to collect, use, store, process and transfer Monetization Services Data as contemplated in the Terms; (vii) you are not located in a country embargoed by the United States and you are not on the U.S. Treasury Department's list of Specially Designated Nationals; and (viii) the Terms are enforceable against you and you will comply with the Terms.
23.1. You will indemnify, defend and hold harmless Unity, its Affiliates and its Demand Partners and each of the foregoing’s respective officers, directors, employees, agents and contractors (each an “Indemnified Party”) on demand from and against any third party claims, suits, actions or allegations, losses, costs, liabilities, damages, penalties, settlements, judgments, fees and expenses (including reasonable attorneys fees and expenses) (collectively “Losses”) arising out of or related to any actual or alleged: (i) breach by you of any part of the Terms, including any of your representations or warranties; (ii) claims that any of your Applications, IAP Promo Content or Cross Promo Content infringe upon, violate or misappropriate any third party’s intellectual property rights, privacy right, rights of publicity or other rights; (iii) violation or failure by you to comply with any laws or regulations in connection with your Applications, use of the Monetization Services or otherwise; (ii) any data breach or other unauthorized access to or disclosure of any Unified Identify Service Data you retrieve; and (v) violations or alleged violation of COPPA with respect to Applications that you do not initially designate as “directed to children” as required in Section 11.2 of the Terms.
23.2. You reserve the right, at your expense, to provide Unity with prompt written notice of your intention to assume the exclusive defense and control of any matter for which you are required to indemnify any Indemnified Party (absent which Unity or the Indemnified Party, as determined by Unity, will control such defense at your cost), and Unity agrees to reasonably cooperate with your defense of such matters at your expense. You may not enter into any settlement for which indemnity is sought unless Unity gives its prior written approval of the settlement.
24. Governing Law; Jurisdiction; Dispute Resolution.
24.1. The Terms and relationship between the parties including all issues concerning the Net Revenue and any Net Revenue share payments will be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to or application of conflict of laws rules or principles and regardless of your location. The United Nations Convention on Contracts for the International Sale of Goods will not apply.
24.2. Except as set forth below in Section 24.4, any dispute arising out of or in connection with the Terms, including any disputes regarding the existence, validity or termination thereof, shall be settled by arbitration.
24.3. The parties agree to arbitrate all disputes must be arbitrated in the State of California, United States of America before the American Arbitration Association (“AAA”) and under the AAA’s Commercial Arbitration Rules.
24.4. Notwithstanding the parties' Terms to resolve all disputes through arbitration, either party may bring an action in court (1) to enforce its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights), including without limitation to seek injunctive relief, or (2) in cases that do not involve intellectual property rights, to seek temporary, preliminary or other expedited or provisional injunctive relief (but not money damages). If you reside (or your principal place of business is) within the United States and the parties have an intellectual property rights dispute, you and Unity agree to submit to the personal and exclusive jurisdiction of and venue the state and federal courts located in the City and County of San Francisco, California. The parties agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNITY, ON BEHALF OF ITSELF AND ITS AFFILIATES, DISCLAIMS ANY AND ALL WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) IN CONNECTION WITH THE MONETIZATION SERVICES AND THE MONETIZATION SERVICES ASSETS, INCLUDING EXPERIMENTAL ASSETS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL MONETIZATION SERVICES, MONETIZATION SERVICES ASSETS AND ADS ARE PROVIDED “AS-IS” AND WITHOUT WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF PERFORMANCE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE OR TRADE USAGE. UNITY DOES NOT MAKE, AND HAS NOT MADE, ANY REPRESENTATION OR WARRANTY THAT ANY PART OF THE MONETIZATION SERVICES OR MONETIZATION SERVICES ASSETS ARE ACCURATE, COMPLETE, RELIABLE OR CURRENT OR THAT THE OPERATION OF ANY PART OF THE MONETIZATION SERVICES OR MONETIZATION SERVICES ASSETS WILL PERFORM UNINTERRUPTED OR ERROR FREE. UNITY DOES NOT WARRANT OR GUARANTEE THE RESULTS OF USE OF THE MONETIZATION SERVICES MONETIZATION SERVICES ASSETS AND SPECIFICALLY DISCLAIMS ANY WARRANTY THAT YOU WILL EARN ANY PARTICULAR AMOUNTS (OR ANY AMOUNTS AT ALL), ANY NUMBER OR QUALITY OF ADVERTISEMENTS WILL BE SERVED TO YOUR APPLICATIONS OR ANY PARTICULAR BENEFITS WILL BE OBTAINED THROUGH THE USE OF THE MONETIZATION SERVICES OR MONETIZATION SERVICES ASSETS.
25.1. You acknowledge and agree that the Ads are provided by third parties and Unity is not responsible for the Ads (including for the accuracy or legality thereof) or any associated website, application, content, information, product or service.
26. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL UNITY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS (COLLECTIVELY, THE “UNITY PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, LOSS OF GOODWILL OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF OR RELATING TO THE TERMS OR ANY OF THE MONETIZATION SERVICES OR MONETIZATION SERVICES ASSETS, EVEN IF UNITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. THE UNITY PARTIES’ AGGREGATE LIABILITY IN RESPECT OF ALL LOSSES ARISING OUT OF OR RELATING TO THE TERMS OR ANY OF THE MONETIZATION SERVICES OR MONETIZATION SERVICES ASSETS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, WILL NOT EXCEED ONE HUNDRED DOLLARS ($100) USD.
Notices to you will be sent by email to the address you provide Unity. Notices to Unity will be sent by email to email@example.com; provided, however, that any notice to Unity concerning termination, breach, indemnification or any other legal concern (collectively, “Legal Notice”) will be made in writing and delivered by hand delivery, or by internationally recognized overnight courier service, or by prepaid, certified U.S. mail return receipt requested to: Unity Technologies, 30 3rd Street, San Francisco, CA 94103, USA, Attn: Legal Department. Notices will be effective upon receipt; provided that notices sent by email will be effective as of the email date absent receipt by the sender of a bounce back or error message, and provided further that Legal Notices to Unity will be effective only if made and delivered in the manner expressly set forth above.
28. Entire Agreement.
The Terms set forth the entire agreement between you and Unity relating in any way to the Monetization Services and Monetization Services Assets and supersede any and all prior terms and agreements (whether written or oral) with respect to that subject matter. Section 8 (with respect to data use and deletion obligations), Section 9 (with respect to data use restrictions), Sections 16 through 30 and those that by their terms apply after the Terms end will survive any termination or cancellation of the Terms or any suspension or termination of your use of any of the Monetization Services or Monetization Services Assets. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Unity’ prior written consent, and any attempt to do so in breach of the foregoing will be null and void. You agree Unity has the right to assign the Terms and delegate its obligations under the Terms at any time and without notice. Unity may modify the Terms at any time, so you should review the Terms regularly. Unity will provide notice of material modifications by posting notice of the modified Terms to one or more of the Sites or by other means of notifying you. Modifications will not apply retroactively. You agree that the Invalid Activity Policy, Content Policy, Rewarded Inventory Policy and Placement Policy (the “Policies”) may be modified from time to time without notice. Your continued use of the Monetization Services or any of the Monetization Services Assets following modifications made to the Terms or any of the Policies constitutes your acceptance of them.
The words “include” and “including” and variations thereof will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Unity and you are independent contractors, and neither Unity nor you is an agent, representative or partner of the other. You agree that any claim arising from or related to the Terms, Monetization Services or Monetization Services Assets must be filed within six (6) months after the claim arose; otherwise, the claim will be permanently barred. The waiver of any breach or default of the Terms by Unity will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of Unity. If any provision of the Terms is determined to be invalid, illegal, or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that most closely reflects the original intention of the parties, and the remaining provisions will remain in full force and effect. The use of headings herein is for convenience only and is not intended as nor will it be used as an aid to interpretation.
30.1. “Ad Service” as used in the Terms means the advertising network and ad delivery platform provided by Unity.
30.2. “Ad(s)” as used in the Terms means an advertisement presented or delivered through the Ads Service, including the content (e.g., text, graphics, audio and video) and information included in such advertisement.
30.3. “Ads Site” as used in the Terms means the webpages, subpages, content and information related to the Monetization Services accessible at https://unityads.unity3d.com/admin/ (and includes the related online dashboards and administration panel).
30.4. “Affiliate” as used in the Terms means any entity that directly or indirectly controls, is controlled by or is under common control with a party.
30.5. “Analytics Service” as used in the Terms means the data collection, analysis, export, visualization and dashboard reporting platform for application, device, player and performance data and the live services and configuration management tools provided by Unity, including the Core Analytics, Remote Settings, Remote Config, Standard Events, Live Stream, LiveTune and Heat Map features.
30.6. “Applications” as used in the Terms means the applications or virtual-reality or augmented-reality content supported by the Monetization Services that you own, operate or control for purposes of the Terms and that utilize Monetization Services.
30.7. “Content Policy” as used in the Terms means the guidelines and policies accessible at https://unity3d.com/legal/content-policy (or a different URL Unity may provide from time to time), as they may be updated from time to time.
30.8. “Controller-Controller DPA” as used in these Terms means the Monetization and Advertising Controller Data Protection Addendum accessible at https://unity3d.com/legal/Controller_DPA_Monetization_Advertising (or a different URL Unity may provide from time to time), which may be modified from time to time without notice. Your continued use of the Monetization Services following modifications made to the Controller-Controller DPA constitutes your acceptance of it.
30.9. “Controller-Processor DPA” as used in these Terms means the Monetization and Advertising Processor DPA accessible at https://unity3d.com/unity3d.com/legal/Processor_DPA_Monetization_Advertising (or a different URL Unity may provide from time to time), which may be modified from time to time without notice. Your continued use of the Remote Config services following modifications made to the Controller-Processor DPA constitutes your acceptance of it.
30.10. “COPPA” as used in the Terms means the Children’s Online Privacy Protection Act and related regulations.
30.11. “Cross Promo Content” as used in the Terms means content you supply for use in Cross Promos.
30.12. “Cross Promo Service” as used in the Terms means the service provided by Unity that facilitates the management and delivery of Cross Promos.
30.13. “Cross Promos” as used in the Terms means promotions within an Application for one or more other Applications.
30.14. “Demand Partners” as used in the Terms means any third-party engaged in the buying or selling of advertising.
30.15. “Documentation” as used in the Terms means the instructions, requirements, guidelines and other documentation for the Monetization Services and Monetization Services Assets made available via the Sites, the Unity Software or as otherwise by Unity (as such instructions, requirements, guidelines and documentation may be modified and updated from time to time).
30.16. “End-User” as used in the Terms means an end user who views, uses or otherwise engages with an Application.
30.17. “Feedback” as used in the Terms means any ideas, suggestions or other feedback you provide to Unity or any of its Affiliates regarding the Monetization Services or any of the Monetization Services Assets, including suggestions and feedback you post to any of the Sites or other online forums or properties owned or maintained by Unity or any of its Affiliates.
30.18. “IAP Promo Content” as used in the Terms means content you supply for use in IAP Promos.
30.19. “IAP Promo Service” as used in the Terms means the service provided by Unity that facilitates the management and delivery of IAP Promos.
30.20. “IAP Promos” as used in the Terms means in-app-purchase promotions within an Application.
30.21. “IAP Service” as used in the Terms means the service provided by Unity that allows developers to manage and monitor in-app purchases and related data across a number of different platforms.
30.22. “Insights Data” as used in the Terms means information and data collected or derived from your use of the Monetization Services that is displayed for your Applications via the Sites or retrieved through Monetization Services APIs in accordance with the Documentation (but excludes all information and data transmitted, retrieved or derived in connection with the Unified Identity Service).
30.23. “Invalid Activity Policy” as used in the Terms means the guidelines and policies accessible at https://unity3d.com/legal/invalid-activity-policy (or a different URL Unity may provide from time to time), as they may be updated from time to time.
30.24. “Inventory” as used in the Terms means inventory made available for Ads in your Applications.
30.25. “Monetization Service APIs” as used in the Terms means the APIs made available by Unity to you for use in connection with the corresponding Monetization Services.
30.26. “Monetization Service SDKs” as used in the Terms means the software development kits, libraries, source code, sample code, plug-ins and extensions made available by Unity to you for purposes of implementing corresponding Monetization Services in your Applications.
30.27. “Monetization Services Assets” as used in the Terms means the Documentation, the Monetization Service APIs, the Monetization Service SDKs and the Sites.
30.28. “Monetization Services Data” as used in the Terms means any information or data that Unity collects or derives in connection with the Monetization Services or otherwise through the Monetization Services Assets or the Unity Software.
30.29. “Monetization Services” as used in the Terms means, collectively, the Ads Service, the Analytics Service, the Cross-Promo Service, the IAP Service, the IAP Promo Service, the Personalized Game Experience and Placements Service, and the Unified Identity Service, each of which is a Monetization Service.
30.30. “Net Revenue” as used in the Terms means amounts due and owing to Unity from Demand Partners attributable to Ads in your Applications, less any of the following (“Deductions”): (i) any commissions or fees due to, or revenue share retained by, third parties related to the Ads; (ii) refunds to Demand Partners; (iii) payment processing or transaction fees; (iv) adjustments, chargebacks and bad debt; and (v) taxes (other than taxes payable on Unity net income). For the avoidance of doubt, the “Net Revenue” belongs to Unity. Unity reserves the right to take any Deductions based on a flat rate imposed across the Unity network or actuals.
30.31. “Personalized Game Experience and Placements” as used in the Terms means a Monetization Service that makes automatic, data-driven decisions to optimize player retention, game systems and/or monetization performance, including by using the other Monetization Services (e.g., Ads Service, IAP Promo Service, Cross Promo Service), as well as Experimental Services such as Unity GameTune, Game Foundation, and Predictive Segments.
30.32. “Placement Policy” as used in the Terms means the guidelines and policies accessible at https://unity3d.com/legal/placement-policy (or a different URL Unity may provide from time to time), as they may be updated from time to time.
30.33. “Rewarded Inventory Policy” as used in the Terms means the guidelines and policies accessible at https://unity3d.com/legal/rewarded-inventory-policy (or a different URL Unity may provide from time to time), as they may be updated from time to time.
30.34. “Rewarded Offers” as used in the Terms means an Ad where an End-User is rewarded with virtual currency or other in-app benefits in exchange for the End-User’s engagement with an Ad in accordance with the Rewarded Inventory Policy.
30.35. “Sensitive Data” as used in these Terms means information in any of the following categories: (i) passwords or authentication/authorization credentials of any kind, (ii) financial account information of any kind (including, credit card numbers), (iii) passport, driver's license, social security or any other government issued identification numbers, (iv) health data (v) personally identifiable information knowingly collected from children under the age of 13, and (vi) any information under strict regulatory or contractual handling requirements (e.g., PCI, HIPAA and special data security laws).
30.36. “Sites” as used in the Terms means: (i) the pages, subpages, content and information related to the Monetization Services currently accessible at https://developer.cloud.unity3d.com (and includes the related online dashboards and administration tools); and (ii) the Ads Site.
30.37. “Unified Identity Service” as used in the Terms means the single sign-on service made available by Unity that may be used for authenticating End-Users in corresponding Applications.
30.38. “Unified Identity Service Data” as used in the Terms means any data transmitted to or retrieved by you in connection with the Unified Identity Service.
30.39. “Unity deltaDNA Services” means the deltaDNA analytic data services or other deltaDNA services provided to you using deltaDNA tools, and/or any deltaDNA consultancy services.
30.41. “Unity Software” as used in the Terms means the Unity-branded game engine and integrated game development platform.
30.42. “Users” means the user of any Unity ID you associate with any of your projects enabling, accessing or using any of the Monetization Services or Monetization Services Assets.