Nintendo has recently updated its user agreement, imposing stricter rules on players who engage in activities such as hacking their Switch console, using emulators, or any other unauthorized use. As reported by Game File, emails have been sent to users notifying them of the changes to the Nintendo Account Agreement and Privacy Policy, effective as of May 7. These updates include approximately 100 modifications from the previous version and apply to both new and existing Nintendo Account holders.
Prior to May 6, the agreement prohibited users from leasing, renting, sublicensing, publishing, copying, modifying, adapting, translating, reverse engineering, decompiling, or disassembling any part of the Nintendo Account Services without written consent from Nintendo, unless permitted by law. The new agreement in the U.S. has expanded this section, now explicitly forbidding users from:
"(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."
In the UK, the agreement differs slightly, as highlighted by Nintendo Life. Users agree that:
"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."
While the exact meaning of "unusable" remains unclear, the language suggests that Nintendo may have the authority to "brick" a user's console if it detects any violation of these rules. Additionally, updates to the privacy policy now indicate that Nintendo may monitor Switch users' online conversations to ensure a safe and family-friendly environment and to detect any breaches of the Nintendo Account Agreement or other harmful or illegal activities.
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These changes may be a response to Nintendo's recent challenges, including high-profile piracy cases and the upcoming launch of the eagerly awaited Nintendo Switch 2, set for June 5. Pre-orders for the Nintendo Switch 2 opened on April 24, maintaining a price of $449.99, and were met with high demand. Nintendo has warned U.S. customers who pre-ordered through the My Nintendo Store that release day delivery is not guaranteed due to this high demand. For more information, check out IGN's Nintendo Switch 2 pre-order guide.
