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

Nintendo has recently updated its user agreement, implementing stricter rules concerning unauthorized activities such as hacking the Switch console or using emulators. As reported by Game File, emails were sent to users announcing the update to the Nintendo Account Agreement and Privacy Policy, effective from May 7. These changes encompass approximately 100 modifications from the previous agreement.

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, unless permitted by law. However, the new U.S. version of the agreement has been significantly expanded:

"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, as highlighted by Nintendo Life, differs slightly:

"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."

While the term "unusable" remains undefined by Nintendo, it suggests that the company could potentially "brick" a user's console for violating the terms. Additionally, the updated privacy policy now mentions that Nintendo may monitor Switch users' online chats to ensure a safe and family-friendly environment and to detect any violations of the agreement or other harmful or illegal interactions.

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These changes might be influenced by Nintendo's recent struggles with piracy and the upcoming launch of the highly anticipated Nintendo Switch 2, set for June 5. Pre-orders for the Nintendo Switch 2, which started on April 24 and are priced at $449.99, sold out rapidly. Nintendo has also cautioned U.S. customers who pre-ordered through the My Nintendo Store that delivery on release day is not guaranteed due to high demand. For more information, check out IGN's Nintendo Switch 2 pre-order guide.