Unity Success Plans Additional Terms
Last updated: June 1, 2020
These Additional Terms (“Success Plan Terms”) govern your subscription to access Unity’s various Success Plans, and constitute a binding legal agreement between you and Unity. These Success Plan Terms supplement and incorporate the Unity Terms of Service.
By subscribing to access a Success Plan, you agree that you understand these Success Plan Terms and are legally bound to comply with these Success Plan Terms. For clarity, if you purchase a Success Plan 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 Success Plan Terms and, in such event, “you” and “your” will refer and apply to that legal entity. If you do not or cannot accept these Success Plan Terms, you are not authorized to receive the benefits of any Success Plan.
Unity offers various subscriptions to access Unity’s Success Services. Your purchase of a Success Plan subscription includes the Success Services set forth herein, as modified or added to by the applicable Success Plan Description(s), which are incorporated herein by this reference.
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.
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 following Success Services, as modified or added to by the applicable Success Plan Description(s).
Management Services. Unity will assign your team a support coordinator to act as a primary point of contact for your team, and who will coordinate and investigate resolution of Support Requests submitted to the Support Portal.
Support Services. 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 applicable Success Plan Description. 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.
3. Response Time Objectives.
The priority given to a Support Request will determine the Initial Response Time specified in the applicable Success Plan Description. If you want to upgrade your Success Plan’s Initial Response Time, you may be able to do so by purchasing the applicable Success Plan Add-On.
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.
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.
*Not all Success Plans include Priority 1 Support Requests.
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 mobile phone, 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 Services 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, 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.
4. Your Obligations.
In order to receive timely responses from and resolution to your Support Requests as contemplated in these Success Plan 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 Success 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 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 Support 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 provide Support Services for up to a maximum number of concurrent Support Requests, as described in the applicable Success Plan Description, from you. 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 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. You may elect to increase the allowed number of concurrent Support Requests for an additional fee.
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 Support Services shall extend only to your teams who have active, valid Unity Software subscriptions throughout the Term. Unity will neither provide Sucess Services to end users of your Project(s), nor to sub-contractors working for you. Unity will have no obligation to provide Support 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 Support 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 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 Support Services are the most effective way to resolve a Support Request, Unity may offer to provide such limited on-site Support Services, subject to your acceptance. If you accept this offer, you will not be charged for such on-site Support Services, but will be charged for travel and living expenses.
Unity may at its discretion subcontract provision of Support 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 Support 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 and not to use or disclose it in any way, commercially or otherwise, except as necessary to perform this Agreement. 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 Success Plan Terms and any applicable Success Plan Description(s) 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.
“Affiliate” means an entity that directly or indirectly controls, is controlled by or is under common control with a party to these Success Plan Terms.
“Backtrace Products” means the products developed by Backtrace I/O Inc. and resold by Unity. Your use of the Backtrace Products is subject to the Backtrace Software License Agreement.
“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 Success Services provided hereunder 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 Success Plan Terms, or such party’s Affiliate, that discloses or otherwise makes available Confidential Information to the other party or its Affiliate.
“Feedback” means the suggestions, comments or other feedback provided by a party to these Success Plan 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 “Initial Response Time” table for the applicable Success Plan Description.
“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.
“Interact Products” means the products developed by Light & Shadows and resold by Unity. Your use of the Interact Products is subject to the Interact General Conditions.
“Platform” means a discrete combination of: (a) operating system (specific version / fork / operating mode / build); (b) hardware (including but not limited to CPU and GPU architectures); (c) development toolchain and SDKs and variants thereof designed for the specific version of the operating system; (d) form factor, including peripheral combinations and/or variants; and (e) distribution mechanism (such as stores).
“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.
“Project Review” means an in-depth investigation into one (1) Project, wherein Unity will provide you with a support engineer to analyze the complete Project and look for opportunities to apply best practices in the areas of system design, optimization, stability and team workflow to enhance the performance, stability and maintainability of your Project.
“Recipient" means a party to these Success Plan Terms when it receives Confidential Information from the other party.
“Services Personnel” means any Unity employee, agent or other third party authorized by Unity to provide Success Services hereunder.
“Success Plan” means a subscription to access Success Services as in these Success Plan Terms and any applicable Success Plan Description.
“Success Plan Add-On” means the Success Plan Descriptions that add to or otherwise update your Success Plan. Success Plan Add-Ons are set forth in the Appendix to the Success Plan Descriptions and are subject to payment of additional fees.
“Success Plan Descriptions” means the descriptions of Unity’s standard Success Plans found here.
"Success Services" means all services provided by Unity’s Services Personnel as described in these Success Plan Terms and any applicable Success Plan Description.
“Support Portal” means the online Support Request 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.
“Support Services” means the specific services outlined under "Support Services" in Section 2 of these Success Plan Terms, as modified by any applicable Success Plan Description.
“Unity Enterprise Plan” means a type of Unity Software subscription plan that includes one (1) subscription to use Unity Pro and entitles you to the Unity Enterprise Plan benefits, which may include Premium Technical Support.
“Unity Software” means the subscription software products subscribed to by your team, and for which you have purchased the Services described in these Success Plan Terms.
“Unity Supported Platform” means any Platform (including streaming Platforms) officially supported by the Unity Software during your subscription term and whereby: (a) Unity uses its resources to develop and maintain said Platform; and (b) said Platform is generally available to all Unity Software users.
“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.