Updated Terms of Service and commitment to being an open platform
We’ve been building Unity for 15 years with the vision of creating an open and accessible tool to enable creators to build whatever you can dream of.
Over the last week there was much confusion, and untrue statements were raised which we refuted. But most importantly we listened to you, our community that felt that the End User License Agreement (EULA)/Terms of Service (TOS) was too restrictive.
When you make a game with Unity, you own the content and you should have the right to put it wherever you want. Our TOS didn’t reflect this principle — something that is not in line with who we are.
We believe the Unity Engine business model is the best way for developers to be successful. We charge a flat fee per-seat — not a royalty on all of your revenue. Building Unity takes a lot of resources, and we believe that partnerships make better services for developers and augment our business model — as opposed to charging developers to pay for Unity’s development through revenue share.
Our TOS update on December 5 was an attempt to define what our terms mean for the cloud and an opportunity to make our business model clearer. After listening to developers, we realized how this language came across, and how it would impact your ability to choose.
Overview of Today’s TOS Update
Today we have updated our Terms of Service, Section 2.4. The language is at the bottom of this post.
The TOS update highlights that developers can use any third party service that integrate into Unity.
Some of these services will be supported, others will not.
The distinction is that with a supported service, we understand the technology. We make sure the service and Unity work better together for developers. We also ensure that the supported service always runs well on the latest version of our software, so we can help future proof your project in Unity and ensure access to the latest tech.
Additionally we have created, and will continue to create, our own services. We will integrate our own services, but we will not block developers from using competitive third-party services.
Retroactive TOS changes
When you obtain a version of Unity, and don’t upgrade your project, we think you should be able to stick to that version of the TOS.
In practice, that is only possible if you have access to bug fixes. For this reason, we now allow users to continue to use the TOS for the same major (year-based) version number, including Long Term Stable (LTS) builds that you are using in your project.
Moving forward, we will host TOS changes on Github to give developers full transparency about what changes are happening, and when. The link is https://github.com/Unity-Technologies/TermsOfService.
Today’s change in our TOS means Improbable is no longer in breach by providing you a service, and that we are able to reinstate their licenses. But we do not consider them a partner, and cannot vouch for how their service works with Unity as we have no insight into their technology or how they run their business.
We know Improbable was in violation even before the December TOS update and misrepresented their affiliation with us. Although SpatialOS is not a supported third-party service, it can continue to be used for development and shipping games.
We are holding an AMA on r/Unity3d at 10 a.m. PST to discuss this TOS update in more detail.
Section 2.4 Working with Third Party Service Providers.
Unity developers are free to use any service offered to Unity developers (each, a “Third Party Service”). Unity does not have any obligation to provide support for any Third Party Service provider or Third Party Service under this Agreement.
Third Party Service providers may not, without Unity’s express written permission: (1) use a stylized version of any Unity name, trademark, logos, images or product icons, or other Unity-owned graphic symbols; (2) use a product name confusingly similar to a Unity product or that could be construed by Unity developers as being a Unity product or service; or (3) create or use any marketing materials that suggest an affiliation with, or endorsement by, Unity. All use of Unity’s trademarks must comply with Unity’s Trademark Guidelines.