Create Anywhere Unified Support Terms
These Support Terms shall only apply if you (herein,“Customer”) have entered into a negotiated agreement with Unity Technologies SF which incorporates these Support Terms, and solely with respect to the Parsec and SyncSketch offerings made available by Unity Technologies SF, and its Affiliates (“Unity”) to which Customer is subscribed (individually and/or collectively, the “Applicable Offering(s)”). For the avoidance of doubt, if you have subscribed to the Parsec and/or SyncSketch offering in accordance with either of their applicable terms of service, currently available at https://unity.com/legal/terms-of-service and https://www.syncsketch.com/terms respectively, these Support Terms shall not apply.
Unless otherwise explicitly agreed by Unity, these Support Terms shall govern Unity's support obligations towards Customer, and shall supersede any other Success Plan, support terms, or Professional Services Terms in effect between Customer and Unity which concern the Applicable Offerings (such excluded terms, individually and collectively, “Conflicting Terms”). Such Conflicting Terms shall, for the purposes of the Applicable Offerings be excluded in their entirety. Nothing contained in Customer's quote, purchase order or other communication will in any way modify these Support Terms.
The following capitalized terms will have the definitions set forth below:
“FORCE MAJEURE” means any unforeseen delay, error, failure, or interruption of performance due to any act of God, terrorism, war, strike, or other labor or civil disturbance, interruption of power service, interruption of communications services, problems with the Internet, or act of any other person not under the control of Unity, making it impossible to perform Unity's obligations under these Support Terms or, as applicable, an agreement incorporating these Support Terms.
“SCHEDULED DOWNTIME” means the total amount of time during any calendar month, measured in minutes, during which Customer is not able to access, calculated individually, an Applicable Offering due to planned system maintenance performed by Unity. Unity will use commercially reasonable efforts to provide Customer with at least 48 hours advance notice of such Scheduled Downtime.
“TOTAL MONTHLY TIME” means the total minutes in the relevant calendar month less Scheduled Downtime.
“UNSCHEDULED DOWNTIME” means the total amount of time during any calendar month, measured in minutes, during which Customer is not able to access, calculated individually, an Applicable Offering, other than any period during which the Applicable Offering g, is unavailable as a result of (i) a Force Majeure event; (ii) non-compliance by Customer with any provision of these Support Terms, an agreement incorporating these Support Terms, the Documentation, or with Unity's instructions; (iii) incompatibility of Customer's equipment or software with the Applicable Offering; (iv) actions or inactions of Customer or third parties; (iv) performance of Customer's systems or the Internet or any third party hardware or software; (v) any systemic internet failures; (vi) network unavailability or Customer's bandwidth limitations; or (viii) Scheduled Downtime.
“SYSTEM AVAILABILITY” means, with respect to any particular calendar month, the ratio obtained by subtracting Unscheduled Downtime during such month from the Total Monthly Time, and thereafter dividing the difference so obtained by the Total Monthly Time.
System Availability for any particular calendar month is determined as follows:
System Availability = ( TotalMonthly Time - Unscheduled Downtime ) / Total Monthly Time
System Availability: Unity will undertake commercially reasonable measures to ensure that System Availability equals or exceeds 99.9% during each calendar month (the“Service Standard”).
System Monitoring and Measurement: The measuring point for System Availability is the availability of the Applicable Offering at Unity's hosting provider's data center's internet connection points. All measurements of System Availability will be calculated on a monthly basis for each calendar month during the Term based on the records of Unity.
System Availability Reporting: Unity will undertake commercially reasonable measures to provide up-to-date System Availability for the SyncSketch and Parsec offerings at the following sites:
Customer is responsible for: (a) the maintenance and management of its computer network(s), servers, software, third-party hardware, and any equipment or services related to maintenance and management of the foregoing, (b) the configuration of its systems in accordance with any instructions provided by Unity, as may be necessary for the provision of access to the features and functions of the Applicable Offering, including maintaining its network connections and telecommunications links for its systems, and (c) the back up of all relevant existing data, software, and programs.
Customer shall report all incidents to Unity's support teams through the appropriate support channel:
Response Times. Unity shall use commercially reasonable efforts to initially respond to incidents in the time periods described below during Unity's normal Support Services Hours listed in Section 4.2, provided that classification of any problem among Priority Levels shall be in accordance with the definitions specified below which shall be determined by Unity in its sole discretion:
Priority Level Definition Target Initial Response Time
The Applicable Offering is down or unavailable for all of Customer's users; all of Customer's users are unable to perform work using the Applicable Offering
Within 1 hour
The Applicable Offering is intermittently down or unavailable for all of Customer's users; the Applicable Offering is down or unavailable to a subset of Customer's users; or, the Applicable Offering is available but certain critical functions or features do not operate satisfactorily and no reasonable workaround exists.
Within 8 hours
The Applicable Offering is available but certain critical features or functions do not operate satisfactorily and a reasonable workaround exists.
Within 24 hours
The Applicable Offering is available but certain no-critical, minor, or cosmetic errors exist; general questions, administrative, or billing requests; requests to be considered for future enhancements.
Within 48 hours
Support Services Hours.
- Parsec US: 6AM to 5PM PST/PDT, Monday-Friday, Excluding US Federal Holidays
- Parsec Europe: 9AM to 5PM GMT/BST, Monday - Friday, Excluding UK/IRL Public Holidays
- SyncSketch: 9AM to 5PM PST/PDT, Monday-Friday, Excluding US Federal Holidays
Credits Against Fees: In the event that System Availability is below the Service Standard in a calendar month, Customer may be entitled to a credit against its subsequent payment obligations with respect solely to the affected Applicable Offering (as set forth in the agreement incorporating these Support Terms executed by Unity) (“Service Credits”) according to the following table:
Service Availability Credit as a Percentage of Monthly Billing
In the event that Unity does not meet the P1 and P2 Initial Response Time commitments in the table above (Section 4 Response Times), Customer may be entitled to a credit of 5% credit as a percentage of monthly billing per incident. There are no other Service Credits attached to P3 or P4 response times.
Customer's rights under this Section 5.1 are Customer's sole and exclusive remedy with respect to any Unscheduled Downtime or any failure by Unity to meet the Service Standard. Customer shall not be eligible for any Service Credits if: (i) Customer has any outstanding balances due, or (b) Customer has materially breached the agreement incorporating these Support Terms.
Maximum Service Credits: The maximum amount of Service Credits that Unity will issue to Customer in a single calendar month for an Applicable Offering will not exceed one hundred percent (100%) of the monthly fees payable for the same Applicable Offering for such month.
Requesting Service Credits: As a condition to Unity's obligation to provide Service Credits to Customer, Customer must request such Service Credits by sending an email identifying the Applicable Offering, the date and time of the Unscheduled Downtime or P1 or P2 Response Time for which Customer is requesting Service Credits, with sufficient evidence (including a description of the incident and duration of the incident) to email@example.com within thirty (30) days following such Unscheduled Downtime. If Customer fails to request any Service Credits to which Customer is entitled in accordance with this Section 5.3, Unity will have no obligation to issue such Service Credits to Customer.