Nintendo has updated its user agreement, implementing stricter terms that specifically target players who modify their Switch consoles, use emulators, or engage in other forms of unauthorized activity.
As reported by Game File, the company has notified users via email that it has "updated the Nintendo Account Agreement and the Nintendo Account Privacy Policy." These new rules, effective May 7, replace all previous versions and apply to both new and existing Nintendo Account holders. Game File notes that the revised agreement contains approximately 100 changes from the old version.
Previously, until May 6, users agreed that they could not "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."
However, the updated U.S. agreement significantly expands this section, now stating:
"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 Nintendo Life points out, the UK version differs slightly, with users agreeing 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 unauthorised use of a Digital Product may result in the Digital Product becoming unusable."
Although Nintendo hasn't explicitly defined what "unusable" entails, the phrasing implies the company now reserves the right to effectively "brick" your console if it determines you've violated its rules. Updates to the privacy policy also emphasize that Nintendo may monitor Switch users' online voice chats "in order to support a safe and family-friendly online environment and to detect violations of the Nintendo Account Agreement and other harmful or illegal interactions."
Nintendo Switch 2 System and Accessories Gallery
View 91 Images
These policy changes likely address Nintendo's recent challenges, including high-profile piracy lawsuits, and precede the highly-anticipated launch of the Nintendo Switch 2 on June 5.
Pre-orders for the Nintendo Switch 2 began on April 24, with the price holding at $449.99 — and they sold out about as quickly as expected. Additionally, Nintendo has cautioned U.S. customers who secured a Switch 2 pre-order from the My Nintendo Store that release date delivery is not guaranteed due to overwhelming demand. For more information, consult IGN's Nintendo Switch 2 pre-order guide.
