Nintendo has quietly updated its user agreement to warn gamers that it can brick a console if piracy or hacking is detected. 

The change, first spotted by GameFile, is the first update to Nintendo’s user agreement since 2021. The previous version merely told customers that they were “not allowed” to adapt, reverse-engineer, or modify a Nintendo user account.

In contrast, the new user agreement does not mince words. “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,” it says. 

(Credit: Nintendo)

The new agreement also expands on Nintendo’s definition of prohibited activities. Efforts to “bypass, modify, decrypt, defeat, tamper with, or otherwise circumvent any of the functions or protections of the Nintendo Account Services” violate the user agreement, it says.

The company updated the agreement as it prepares to launch the Switch 2 on June 5. The console promises a sizable performance upgrade over the Switch 1 and looks poised to rely more on digital game downloads rather than traditional game cartridges. 

As a result, Nintendo might be more concerned about attempts to hack and mod the console to run pirated games or other third-party software. The company has long taken a strict stance against bootlegs, using legal threats and lawsuits to shut down emulators of older Nintendo consoles and related ROM provider sites. 

It’s unclear how Nintendo will detect piracy or modding. But the company’s privacy policy says: “If you or your device experiences an error, we collect information about the error, the time the error occurred, the application or features being used, the state of the application when the error occurred, and any communications or content provided at the time the error occurred.”

Nintendo also updated its privacy policy to say, “With your consent and to enforce our terms, we may also monitor and record your video and audio interactions with other users.” This comes as Nintendo prepares to launch a new Game Chat feature for the Switch 2 to enable video calls during gaming sessions.

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About Michael Kan

Senior Reporter

I’ve been working as a journalist for over 15 years—I got my start as a schools and cities reporter in Kansas City and joined PCMag in 2017.

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