I agree with your understanding of the EULA, however, I have seen them take action against a small company generating videos and force them into Unity Industry.
The argument from the sales team is that they internally consider entertainment to only be interactive games that arent connected to any other industry.
They recently did the same to a fitness game, stating it was more focused on fitness than games. In both cases, they insisted on them upgrading to Unity Industry or have their accounts disabled.
And I did see them try and argue licensing in both cases.
We ourselves went through this whole thing, and its quite frustrating. We do XR, games and entertainment, and we were forced to Industry purely because we have commercial clients using them. And even though we did pay for Industry, the sales rep made a mistake, and our entire orgnaization ended up disabled “by accident” a month later anyway. But thats a discussion for another day.
The sales team are paid a comission for each upgrade to Industry, comprised of sales teams formerly from places such as Autodesk, and given access to terminate organizations that they feel are out of compliance without needing to provide a justification. Ultimately your accounts and access are at their descretion, regardless of how you feel you fit their EULA. And they can enforce it as they feel necessary.
Anyway, most likely this person won’t do anything meaningful enough to be sales team. But if they are, it is a very real risk, and they should be aware of it. Because it has, is and continues to happen. And the sales team are incentivized to find any reason to force a payment.
Sorry for the long digression, but it is important that the letter of the EULA doesnt matter as it is decided by the individual sales rep and ultimately your access to using Unity can be removed by them at any time, regardless of your compliance. And yes, I completely agree its an abuse of the system, and have pushed this discussion up the chain, with the VP of sales finally doubling down on the current structure and not willing to make changes.
Ill let this go though as its deviating from the topic by quite a bit at this point and just reminds me how much I dislike Unity as a company sometimes.