Unity Live Help Additional Terms
Last Updated: November 1, 2018
These Additional Terms (“Live Help Terms”) govern your participation in the Unity Live Help service offered via the Site (“Live Help Service”), and constitute a binding legal agreement between you and Unity. These Live Help Terms supplement and incorporate the Unity Website and Communities Additional Terms (the “Site Terms”).
By accessing, using, or participating in the Live Help Service, or accessing any materials or things made available to you via the Live Help Service, you agree that you understand these Live Help Terms and accept all terms and conditions of these Live Help Terms. If you do not or cannot accept these Live Help Terms, you may not participate in the Live Help Service. Any capitalized terms not defined in these Live Help Terms have the same meaning as in the Site Terms.
1. The Live Help Service
1.1 The Live Help Service matches users with experts (each an “Expert”) who can help users of the Live Help Service (each a “User”) in real time with questions related to the Unity engine and related software products and programming languages (collectively, the “Expert Services”). Unity has provided tools which allow Experts and Users to collaborate, including, video, chat, coding windows, and screen sharing. Unity will also facilitate the matching of Users and Experts based upon the amount a User is willing to pay for Expert Services and the relative expertise of an Expert based upon the type of Expert Services required by a User. During each session between a User and Expert for Expert Services (each a “Session”), a User may cancel the Session for any reason or no reason at all during the first 5 minutes of the Session (the “Trial Period”), and the User will have no obligation to pay any sums of money for such Session. If a Session continues past the Trial Period, the User is obligated to pay for the Session at the rate at which the User is matched with the Expert in the Live Help Service, subject to the terms of these Live Help Terms.
1.2 When an Expert registers for participation in the Live Help Service and is approved by admin, such Expert will be a referred to as a “Community Expert”. Community Experts must: (a) have a Unity Connect profile that is at least 80% complete; (b) have at least two years of experience in working on Unity projects; (c) must be an advanced, expert or intermediate level user or a Unity Pro account holder; (d) must either: (i) use the Unity editor for no less than sixteen days per month; (ii) be an Asset Store publisher with at least one asset published with no less than four stars; (iii) have a valid GitHub link with appropriate and valid projects; (iv) have an active StackOverflow account with answers posted on Unity’s website; (v) have posted answers on the Unity Forums; or (vi) have answered questions in Unity Answers; and (e) must pass a fifteen minute interview conducted by Unity.
1.3 Any Community Expert can become a “Unity Verified Expert” by: (a) having a 100% complete Unity Connect Profile; (b) proof of no less than three (3) years of Unity experience; (c) being Unity Certified as a Unity Certified Programmer or Unity Certified 3D artist; and (d) demonstrating one of the following: (i) at least 2 projects showcased in Unity Connect; (ii) Unity Answer reputation above 400; (iii) StackOverflow reputation above 2000; or (iv) winning a Unity Connect contest. Unity Verified Experts will be accorded: (x) priority access to newly submitted requests before Community Experts; (y) the ability to use a Unity Verified Expert badge for display on the Expert’s profile; and (z) early access to new tools and features on the Live Help Service. Unity Verified Experts will be audited every two months to ensure that an average 4.9-star rating in the Live Help Service is maintained and the aforementioned criteria are upheld.
2. Pricing and Payments
2.1 All fees for Expert Services must be processed by a Payment Processor. “Payment Processor” means any party authorized by Unity to provide payment processing services for payments from Users to Unity or payments made from Unity to Experts for Expert Services rendered via the Live Help Service.
2.2 Experts must set the rate for Expert Services in US Dollars (“USD”) using the options available in the Live Help Service.
2.3 Experts will receive seventy (70) percent of the sums paid by Users for Expert Services (less any refunds, bank fees related to the transfer to the Expert, and taxes, levies and VAT). The remaining thirty (30) percent will be retained by Unity.
2.4 Any balance in favor of an Expert will be calculated by Unity and made available to Expert. Unity will use reasonable efforts to pay Expert the applicable balance on a monthly basis as long as Expert provides and maintains a valid PayPal account. Notwithstanding the foregoing, Unity will take no less than sixty (60) days to verify any so-called refunds or chargebacks.
2.5 Notwithstanding anything else herein, if Expert is an individual and resident of Denmark, provision to Unity of Expert’s tax identification number registered with the Danish Central Business Register ("CVR Number") is a condition precedent to any payment obligation of Unity's under these Live Help Terms; for greater certainty, (a) unless and until Unity is provided with the Expert’s CVR Number, Unity is under no obligation to make any payment to the Expert; and (b) upon being provided with the CVR Number, accrued amounts will become payable, but no interest will be payable on those amounts.
2.6 Expert is solely responsible for payment of any taxes, levies and VAT or the like on any payments it receives from Unity regardless of which taxing jurisdiction that has the authority to collect such taxes, levies and VAT or the like.
The Payment Processor's standard terms and conditions regarding refunds will apply, except that in the event of disputes concerning Expert Services between a User and an Expert, Unity may, at Expert's expense: (a) decide that the full payment should be refunded to the User and charged back in full to Expert, in addition to any handling fees charged by the Payment Processor; (b) recover any payments to any Expert engaged in prohibited actions detailed hereinafter in Section 4 from any amounts payable to such Expert or otherwise. In order for a refund request to be considered by Unity, a User must request a refund within twenty-four (24) hours of the completion of the applicable session of Expert Services.
4. Prohibited Actions
4.1 Users and Experts may not engage in any activity that interferes with, disrupts, damages, or accesses in an unauthorized manner the devices, servers, networks, or other properties or services of any third party including, but not limited to Unity, Payment Processors or any network operator related to the Live Help Service.
4.2 Experts may not use the Live Help Service to facilitate the sale of Expert Services outside of the Live Help Service.
4.3 Experts may not use customer information that Experts have obtained from (a) the Live Help Service or (b) Users acquired via the Live Help Service to sell Expert Services outside of the Live Help Service.
4.5 Experts may not engage in any fraudulent or dishonest activities in connection with the Live Help Service.
4.6 Experts may not engage in any acts which might endanger the intellectual property rights of any User.
4.7 Users are cautioned not to disclose any personal or financial information to Experts.
5. Our Role
5.1 The Live Help Service acts solely as a conduit to allow Users and Experts to find each other so that each may decide, on their own, that there is a good match.
5.2 While we attempt to verify Experts’ credentials and ability, Users are best positioned to determine which Expert is the best fit for the Expert Services. This is why we have instituted a Trial Period into the Live Help Service. We don’t control, supervise, or direct any Expert, or any work or services an Expert may perform or not perform, or the locations or conditions of any such work or services. Similarly, we do not and will not take any responsibility for or make any representations, warranties, or guarantees of any kind about any Expert, Expert Services or anything associated with the foregoing.
5.3 Each Expert and User (collectively, “Participants”) alone will be responsible for any obligations such Participant may have to other Participants under any contract or otherwise. Each Participant is also solely liable for any disputes with other Participants (each a “User Dispute”) in which such Participant may become involved, whether as a party to that dispute or otherwise. We will have no responsibility or liability for any User Dispute, nor any obligation to attempt to mediate or resolve any User Dispute.
5.4 The legal relationship between Unity and Experts and Users is that of an independent contractor, and nothing in these Live Help Terms will create any partnership, joint venture, franchise, agency, or employment relationship between Unity and Experts and/or Users. Further, these Live Help Terms shall not create, and shall in no way be construed as creating, any joint venture, franchise, partnership, agency, or employer-employee relationship between any Expert and Unity.
5.5 Notwithstanding anything to the contrary herein, Unity reserves the right to block Users and Experts from participating in the Live Help Service for any reason or no reason, including, without limitation, the issuance of unwarranted or fraudulent disputes in connection with Expert Services.
6. Term and Termination
6.1 We may terminate the Live Help Service or your use of, or participation in, the Live Help Service at any time and for any reason (including for your violation of these Live Help Terms) or no reason at our sole discretion, without any prior notice to you. Further, your permission to use or participate in the Live Help Service will automatically terminate immediately upon any failure by you to comply with these Live Help Terms. You may terminate your participation in the Live Help Service at any time by providing us with written notice of termination.
6.2 All licenses and rights granted to you by Unity under these Live Help Terms automatically and immediately terminate upon any termination under Section 6.1.
6.3 Termination pursuant to this Section will not relieve a party of any liability accruing prior to termination. Further, any sections which by their nature should survive a termination will survive any termination.
6.4 UPON ANY DELETION HEREUNDER, ANY CONTENT, MATERIALS, DATA OR INFORMATION THAT YOU HAVE SUBMITTED VIA THE LIVE HELP SERVICE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU.
7. Expenses; Services Requirements
7.1 Experts and Users understand and agree that they will be entirely responsible for their use of, or participation in, the Live Help Service and all costs and expenses incurred in connection with your use of, or participation in, the Live Help Service.
7.2 You further understand and agree that it is a condition of providing the Live Help Service that you provide (a) timely and accurate information; and (b) any connection to or integration with third-party platforms, systems, or applications used by you necessary for providing the Live Help Service. In this connection, you confirm that Unity's disclaimer of liability under the Site Terms extends to any use of such third-party platforms, systems, or applications.