Nintendo has updated its user agreement with a stricter approach toward activities like hacking Switch consoles, running emulators, or engaging in other forms of "unauthorized use."
As first noted by [ttpp], Nintendo has sent emails to users announcing revisions to the Nintendo Account Agreement and Privacy Policy. These updates took effect on May 7 and now apply to all existing and new Nintendo Account holders. According to [ttpp]’s findings, over 100 changes were made between the old and new versions.
Prior to May 6, users agreed not to lease, rent, sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Nintendo Account Services without Nintendo’s written permission—unless otherwise allowed by law.
Now, the revised U.S. version expands this clause significantly:
"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 highlighted by [ttpp], the UK version of the agreement reads slightly differently, emphasizing 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."
While Nintendo hasn’t explicitly defined what “unusable” entails, the language strongly implies that the company could remotely disable or "brick" a console if it detects violations.
Additionally, updates to the privacy policy clarify that Nintendo may monitor online voice chats on Switch systems. This is done to maintain a safe, family-friendly environment and detect potential breaches of the user agreement or other harmful behavior.
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These changes likely reflect Nintendo’s ongoing efforts to combat piracy and protect its intellectual property, especially in light of recent legal actions and the upcoming launch of the Nintendo Switch 2 on June 5.
Pre-orders for the Nintendo Switch 2 went live on April 24 at the standard price of $449.99 — [ttpp]. However, availability is limited, and Nintendo has warned U.S. customers that delivery by the release date cannot be guaranteed due to high demand. For more details, check out IGN’s [ttpp].
