Nintendo User Terms Update Forbids Switch Modding

Nintendo has significantly tightened its user agreement, introducing stricter terms and conditions that target players who modify their Switch consoles, utilize emulators, or engage in any other "unauthorized activities."

As reported by Game File, the company has notified users via email that it has "updated the Nintendo Account Agreement and the Nintendo Account Privacy Policy." These revised rules, effective as of 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 agreements.

Previously, until May 6, users consented 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, except where expressly allowed by law."

The U.S. version of this section has now been substantially expanded and currently states:

"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."

Nintendo Life highlights that the UK agreement differs slightly, with users agreeing 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."

Although Nintendo hasn't explicitly defined "unusable," the language implies the company now reserves the right to effectively "brick" a console if it determines a user has violated its policies. Updates to the privacy policy also emphasize that Nintendo may monitor Switch users' online conversations "to maintain a safe, family-friendly online space and to identify breaches of the Nintendo Account Agreement, along with other harmful or illegal interactions."

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These policy changes likely address some of Nintendo's recent challenges, including prominent piracy lawsuits, and coincide with the upcoming launch of the highly anticipated Nintendo Switch 2, scheduled for release on June 5.

Pre-orders for the Nintendo Switch 2 began on April 24, with the price holding steady at $449.99 — and demand was predictably intense. Separately, Nintendo has alerted U.S. customers who pre-ordered the Switch 2 via the My Nintendo Store that release date delivery cannot be guaranteed due to overwhelming interest. For further details, consult IGN's Nintendo Switch 2 pre-order guide.