Nintendo Updates User Agreement: Violation May Result in Switch Being Bricked

Nintendo has recently tightened its user agreement, implementing stricter terms and conditions for players who engage in activities such as hacking their Switch console or running emulators. These actions are now classified as "unauthorized use," and the company has updated its Nintendo Account Agreement and Privacy Policy to reflect these changes. Effective from May 7, the new rules apply to both existing and new Nintendo Account users, superseding all previous versions. According to Game File, there have been approximately 100 alterations between the old and new agreements.

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 Nintendo's written consent or unless permitted by applicable law. However, the updated version for U.S. users has significantly expanded this section. It now states:

"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."

In the UK, the agreement differs slightly, as highlighted by Nintendo Life. UK users agree to the following:

"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."

The term "unusable" has not been clearly defined by Nintendo, but it suggests the company now has the authority to potentially "brick" a user's console if it detects violations of its rules. Additionally, the updated privacy policy emphasizes that Nintendo may monitor Switch users' online chats to maintain a safe and family-friendly environment and to identify any breaches of the Nintendo Account Agreement or other harmful or illegal interactions.

Nintendo Switch 2 System and Accessories Gallery

View 91 Images

These changes may be a response to Nintendo's recent challenges with piracy and are likely timed with the upcoming launch of the much-anticipated Nintendo Switch 2, set for June 5. Pre-orders for the Nintendo Switch 2 opened on April 24, with the price set at $449.99, and the response has been as expected. Nintendo has also warned U.S. customers who pre-ordered through the My Nintendo Store that delivery on the release date is not guaranteed due to high demand. For more details, check out IGN's Nintendo Switch 2 pre-order guide.