If your use of Unity's services or anything you upload causes Unity to face a lawsuit or legal claim, you are responsible for paying Unity's legal costs and any damages, not just your own.
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
This clause places significant financial exposure on developers, particularly those distributing games that incorporate third-party assets or user-generated content, because Unity's legal costs in defending a third-party claim could far exceed any fees a developer has paid to Unity.
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 →Developers who build and distribute games using Unity could be held financially responsible for legal claims brought against Unity by third parties if those claims arise from the developer's content or conduct, including claims related to intellectual property, user data, or platform misuse.
How other platforms handle this
Any claim that any user submission made by you has caused damage to a third party
Any access to or use of the Services or goods through your account by others, including your spouse, dependents, Recipients, and any access by AI Agents you enable or that operate on your behalf...
you agree to cooperate with Walmart if and as requested by Walmart in the defense and settlement of such matter.
"You will indemnify, defend, and hold harmless Unity and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services, (ii) your User Content, or (iii) your violation of these Terms.Excerpt from Unity's Terms of Service
REGULATORY LANDSCAPE: Indemnification clauses of this scope are primarily a matter of contract law and are reviewed under applicable state or national commercial law.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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This clause places significant financial exposure on developers, particularly those distributing games that incorporate third-party assets or user-generated content, because Unity's legal costs in defending a third-party claim could far exceed any fees a developer has paid to Unity.
Developers who build and distribute games using Unity could be held financially responsible for legal claims brought against Unity by third parties if those claims arise from the developer's content or conduct, including claims related to intellectual property, user data, or platform misuse.
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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