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

Nintendo has recently updated its user agreement, implementing stricter rules regarding unauthorized activities such as hacking Switch consoles and using emulators. These changes were communicated to users through emails, as reported by Game File, stating that the new terms and conditions, effective as of May 7, override all prior versions and apply to all Nintendo Account users.

Previously, until May 6, the agreement prohibited users from actions like leasing, renting, or reverse engineering the Nintendo Account Services without explicit permission from Nintendo. Now, the revised terms in the U.S. have been significantly expanded, detailing that users must 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 terms differ 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 unauthorised use of a Digital Product may result in the Digital Product becoming unusable."

The term "unusable" remains undefined by Nintendo, but the language implies that they reserve the right to potentially "brick" a console if a user violates these rules. Additionally, changes to the privacy policy now allow Nintendo to monitor Switch users' online chats to ensure a safe and family-friendly environment and to detect any violations of the Nintendo Account Agreement.

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These updates are likely a response to recent challenges faced by Nintendo, including high-profile piracy cases. The timing also aligns with the upcoming launch of the eagerly awaited Nintendo Switch 2, set for June 5.

Pre-orders for the Nintendo Switch 2 began on April 24, with the console priced at $449.99. Demand has been exceptionally high, leading Nintendo to warn U.S. customers who pre-ordered through the My Nintendo Store that delivery on the release date is not guaranteed. For more information, check out IGN's Nintendo Switch 2 pre-order guide.