Unity's maximum financial responsibility to you for any problem with its services is limited to whichever is greater: $100 or the total amount you paid Unity in the past year, and Unity is not liable at all for lost profits, lost data, or business disruption.
This analysis describes what Unity's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
For studios that depend on Unity's platform commercially and pay substantial licensing fees, this cap means that if Unity's service fails and causes significant business damage, the financial recovery available through these terms is severely constrained relative to the actual harm.
Interpretive note: The clause's enforceability varies by jurisdiction; EU and UK law may limit liability exclusions for consumers, and the practical effect of the cap depends on which tier a developer is on and how much they have paid Unity in the prior year.
The updated terms establish explicit restrictions on how developers and organizations can use Unity's platform in connection with artificial intelligence and automated systems. Specifically, the terms now require prior written authorization from Unity before training machine learning or AI models on Unity data or any data derived from it. Additionally, the terms restrict automated access to the platform through scrapers, bots, AI agents, large language models, and similar systems unless they operate through a framework designated or operated by Unity. Users remain responsible for any automated systems acting on their behalf, and breaches of these restrictions may result in account suspension. You can request prior authorization from Unity for AI training use cases, and you may review the full updated terms to understand which automated frameworks are Unity-approved.
View change record →The updated terms clarify that users in England will have disputes resolved through the London Court of International Arbitration, with disputes governed by New York law rather than English law. Previously, England was not explicitly listed in the dispute resolution table, creating ambiguity about which arbitration rules and governing law would apply. The revised language removes this ambiguity but establishes that England-based users will proceed through arbitration in London under New York substantive law. Users in other regions (Asia-Pacific, China/Hong Kong/Macau, and worldwide locations) see reorganized dispute resolution tables with the same arbitration rules and governing law, but clearer formatting.
View change record →If Unity's services fail, become unavailable, or cause data loss, developers are effectively limited to recovering at most their prior 12 months of subscription fees, regardless of the actual business impact, and cannot recover for lost profits or business disruption at all under these terms.
How other platforms handle this
If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.
A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...
The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.
"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNITY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUES, DATA, BUSINESS OR GOODWILL, EVEN IF UNITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNITY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNITY IN THE PAST TWELVE MONTHS.Excerpt from Unity's Terms of Service
REGULATORY LANDSCAPE: Limitation of liability clauses are governed by contract law and, in many jurisdictions, are subject to statutory restrictions.
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For studios that depend on Unity's platform commercially and pay substantial licensing fees, this cap means that if Unity's service fails and causes significant business damage, the financial recovery available through these terms is severely constrained relative to the actual harm.
If Unity's services fail, become unavailable, or cause data loss, developers are effectively limited to recovering at most their prior 12 months of subscription fees, regardless of the actual business impact, and cannot recover for lost profits or business disruption at all under these terms.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
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