Nintendo has strengthened its user agreement, updating the terms and conditions to take a stricter approach against players who modify their Switch consoles, operate emulators, or engage in any other form of unauthorized activity.
As reported by Game File, the company has notified users via email that it has "revised the Nintendo Account Agreement and Nintendo Account Privacy Policy." These updated policies, effective May 7, now replace all prior versions and apply to both new and existing Nintendo Account holders. Game File’s analysis indicates roughly 100 changes between the old and new terms.
Previously, until May 6, users agreed that "you are not permitted 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 consent, except where expressly allowed by applicable law."
In the U.S., that same section has now been expanded significantly and currently states:
"Without limitation, you agree not to (a) publish, copy, modify, reverse engineer, lease, rent, decompile, disassemble, distribute, offer for sale, or create derivative works based on any part of the Nintendo Account Services; (b) bypass, modify, decrypt, defeat, tamper with, or otherwise circumvent the functions or protections of the Nintendo Account Services—this includes using any hardware or software that alters the intended operation of the services; (c) obtain, install, or use unauthorized copies of Nintendo Account Services; or (d) exploit the Nintendo Account Services beyond their intended use, as defined in the documentation, unless Nintendo has provided written consent or applicable law expressly permits it. You acknowledge that failing to comply with these restrictions may result in Nintendo rendering the Nintendo Account Services and/or the corresponding Nintendo device permanently unusable, in whole or in part."
As Nintendo Life observed, the UK agreement differs slightly, stating:
"Digital Products associated with your Nintendo Account, including any updates, are licensed solely for personal and non-commercial use on authorized devices. They must not be used for any other purpose. In particular, without Nintendo of Europe’s written consent, you may not lease, rent, sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any part of these Digital Products, except as expressly allowed by law. Unauthorized usage could cause the Digital Product to become unusable."
Although Nintendo has not detailed the exact meaning of "unusable," the phrasing implies the company may now reserve the right to render your console inoperable—or 'brick' it—if it determines you've violated its terms. Updates to the privacy policy also emphasize that Nintendo may monitor users’ online conversations "to help maintain a safe, family-friendly environment and to detect breaches of the Nintendo Account Agreement, harmful activity, or illegal conduct."
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These changes appear to address Nintendo’s recent challenges, such as widely publicized piracy incidents, and come ahead of the much-anticipated June 5 launch of the Nintendo Switch 2.
Pre-orders for the Nintendo Switch 2 opened on April 24, with the price remaining set at $449.99—and demand unfolded about as expected. Separately, Nintendo has alerted U.S. customers who placed a Switch 2 pre-order through the My Nintendo Store, warning that release-day delivery is not guaranteed due to overwhelming demand. For additional details, see IGN’s Nintendo Switch 2 pre-order guide.
