Nintendo has recently updated its user agreement, implementing stricter policies against unauthorized activities on the Switch console, such as hacking and using emulators. This revision aims to reinforce the company's control over its platform and protect its intellectual property. As reported by Game File, notifications have been sent to users about the updated Nintendo Account Agreement and Privacy Policy, effective from May 7, which supersedes all prior versions and applies to both existing and new Nintendo Account users. The revised agreement includes approximately 100 changes from the previous version.
Prior to May 6, the agreement prohibited users from actions like leasing, renting, or reverse engineering Nintendo Account Services without written consent or legal permission. The updated U.S. version has significantly expanded this clause, now prohibiting users from:
"(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, as highlighted by Nintendo Life, the agreement specifies 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 the term "unusable" remains undefined, it implies that Nintendo may have the authority to "brick" a console if it detects any rule violations. Additionally, the privacy policy now emphasizes Nintendo's right to monitor Switch users' online chats to ensure a safe and family-friendly environment and to identify violations of the agreement or other harmful activities.
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These changes might be a response to Nintendo's ongoing struggles with piracy and the upcoming launch of the eagerly awaited Nintendo Switch 2, scheduled for June 5. Pre-orders for the Nintendo Switch 2, priced at $449.99, opened on April 24 and were met with overwhelming demand. Nintendo has advised U.S. customers who pre-ordered via the My Nintendo Store that release date delivery is not guaranteed due to high demand. For more details, you can refer to IGN's Nintendo Switch 2 pre-order guide.