Nintendo has recently updated its user agreement, implementing stricter rules against unauthorized actions such as hacking Switch consoles, using emulators, and other forms of "unauthorized use." As reported by Game File, notifications have been sent to users about the update to the "Nintendo Account Agreement and the Nintendo Account Privacy Policy," effective from May 7. This revision replaces all previous versions and applies to both new and existing Nintendo Account users. According to Game File, there have been approximately 100 modifications from the previous agreement to the new one.
Prior to May 6, the agreement stated that users were not permitted to "lease, rent, sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile or disassemble all or any portion of the Nintendo Account Services without Nintendo's written consent, or unless otherwise expressly permitted by applicable law."
The updated U.S. version of this clause has been expanded and now reads:
"Without limitation, you agree that you may not (a) publish, copy, modify, reverse engineer, lease, rent, decompile, disassemble, distribute, offer for sale, or create derivative works of any portion of the Nintendo Account Services; (b) bypass, modify, decrypt, defeat, tamper with, or otherwise circumvent any of the functions or protections of the Nintendo Account Services, including through the use of any hardware or software that would cause the Nintendo Account Services to operate other than in accordance with its documentation and intended use; (c) obtain, install or use any unauthorized copies of Nintendo Account Services; or (d) exploit the Nintendo Account Services in any manner other than to use them in accordance with the applicable documentation and intended use, in each case, without Nintendo’s written consent or express authorization, or unless otherwise expressly permitted by applicable law. You acknowledge that if you fail to comply with the foregoing restrictions Nintendo may render the Nintendo Account Services and/or the applicable Nintendo device permanently unusable in whole or in part."
As noted by Nintendo Life, the UK version differs slightly, with users agreeing to:
"Any Digital Products registered to your Nintendo Account and any updates of such Digital Products are licensed only for personal and non-commercial use on a User Device. Digital Products must not be used for any other purpose. In particular, without NOE's written consent, you must neither lease nor rent Digital Products nor sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of Digital Products other than as expressly permitted by applicable law. Such unauthorized use of a Digital Product may result in the Digital Product becoming unusable."
Although Nintendo hasn't specified what "unusable" entails, the language implies that the company can potentially "brick" a console if it detects rule violations. Additionally, the revised privacy policy emphasizes that Nintendo may monitor Switch users' online conversations to ensure a safe and family-friendly environment and to identify breaches of the Nintendo Account Agreement and other harmful or illegal activities.
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These changes likely stem from Nintendo's recent challenges with piracy, as well as the upcoming launch of the highly anticipated Nintendo Switch 2, scheduled for June 5. Pre-orders for the Nintendo Switch 2, priced at $449.99, opened on April 24 and were met with overwhelming demand. Nintendo has advised U.S. customers who pre-ordered through the My Nintendo Store that delivery on the release date is not guaranteed due to the high volume of orders. For more details, check out IGN's Nintendo Switch 2 pre-order guide.
