Nintendo's May 2025 Policy Updates

On May 8th, 2025 (with changes generally effective May 7th-8th, 2025), Nintendo released significant updates to its Nintendo Account User Agreement and Privacy Policy. These revisions introduced new terms with the potential to negatively impact customers. Key changes include:

• Updates to Section 6 (User-Generated Content) of the EULA, now requiring adherence to Nintendo's specific content guidelines.
• New provisions in Section 13 (Breach and Termination of the Agreement) of the EULA, where Nintendo reserves the right in some regions (notably the US) to "render the Nintendo Account Services and/or the applicable Nintendo device permanently unusable in whole or in part."
• Significant changes to Section 16 (Dispute Resolution) of the EULA, mandating forced arbitration and including a class-action waiver, though with an opt-out provision. (Previously, this article incorrectly cited Section 1 for arbitration).

Background

Nintendo has historically been known to be restrictive with how the company has enforced its policies. During the time the company supported the Wii U throughout the 2010s, users attempting to share footage of their games on platforms, such as YouTube, were at risk of having said content taken down, later requiring consumers to join an affiliate program that continues to exist today. The Nintendo Creators Program claimed a significant portion of the video's ad revenue (Nintendo's share was reported to be 30-40% for the creator, meaning Nintendo took 60-70% initially, though terms later allowed up to 70% for creators), and restricting content critical of Nintendo or its IP.

The enforcement of these policies has also seen the closure of Tournaments, lawsuits against competing studios, the persistent war on emulation, and more. Due to how far Nintendo has historically aimed to enforce its policies, it is reasonable to expect these May 2025 policy updates to be similarly enforced.

The Updates: May 2025

In early May 2025, Nintendo published these updates to the Nintendo Account User Agreement and Privacy Policy. The changes significantly affect consumer rights concerning products they use and their legal recourse against the company.

Nintendo account holders were notified of these policy changes via email. The email generally stated that continued use of Nintendo Account Services would constitute agreement to the new terms, and the primary way to decline was to cancel the Nintendo Account.

A transcript of a version of this email is provided below:

We're writing to let you know that we've updated the Nintendo Account User Agreement and Nintendo Privacy Policy, If you or any users under your Nintendo Account continue to use any Nintendo Account Services, including by keeping your or their Nintendo Account open, then you affirm you agree to the updated Nintendo Account User Agreement and acknowledge you have read the updated Nintendo Privacy Policy on your and their behalf. If You do not agree to the changes, you must cancel your Nintendo Account immediately.

Nintendo Account User Agreement. The updates include important updates to how you and Nintendo will arbitrate disputes. See our What's changed? page for a summary of changes, but you should also review the full updated Nintendo Account User Agreement to ensure you understand your rights and obligations.

Nintendo Privacy Policy. The updates include important updates regarding the categories of information we may collect and how we might use your information. See our What's changed? page for a summary of changes, but you should also review the full updated Nintendo Privacy Policy to ensure you understand the policy.

Feel free to contact us with any questions.

• 
  Email from Nintendo of America informing consumers of the May 2025 policy changes.

Details of the Updated Terms

Nintendo Account User Agreement (EULA)

Key changes effective May 7th/8th, 2025, include:

• Section 2 (License): The terms emphasize that Nintendo Account Services are licensed, not sold, to users, and include additional restrictions on their use.
• Section 6 (User-Generated Content): This section was updated to require users to adhere to the "Nintendo Game Content Guidelines for Online Video & Image Sharing Platforms."
  • The latest publicly available version of these guidelines (as of May 2025 research) was last updated on September 2, 2024.
  • These guidelines generally require users to add their own creative input and commentary to shared gameplay footage, rather than simply re-uploading existing Nintendo videos or gameplay without original content. They also prohibit users from implying any official affiliation with or sponsorship by Nintendo. Monetization is restricted to specific methods approved by Nintendo (e.g., YouTube Partner Program, Twitch Affiliate Program).
• Section 13 (Breach and Termination of the Agreement - Consequences of Non-Compliance): This section details Nintendo's rights if users fail to comply with restrictions.
  • For users under the Nintendo of America EULA, a key provision 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]. 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."

    This was also reported by GameSpot, HotHardware, and AS USA. This has been widely interpreted by media and consumers as Nintendo reserving the right to "brick" consoles.
  • Regional Variation (Europe/UK): The Nintendo of Europe (NOE) EULA uses different language:

    "Such unauthorised use of a Digital Product may result in the Digital Product becoming unusable."

    This focuses on the digital product, not necessarily rendering the entire device unusable.
• Section 16 (Dispute Resolution - Mandatory Arbitration): This section was significantly updated.
  • It mandates binding, individual arbitration for most disputes and includes a waiver of the right to sue in court or participate in class-action lawsuits. A widely reported quote from this section is:

    "THIS ARBITRATION PROVISION PRECLUDES YOU AND NINTENDO FROM SUING IN COURT, HAVING A TRIAL BY JURY, OR PARTICIPATING IN A CLASS ACTION."

  • Opt-Out Provision: Users in North America were given a 30-day window from accepting the new terms to opt out of this arbitration agreement by sending a physical letter with specified information (including full name, address, phone number, and email associated with the Nintendo Account) to:

    Nintendo of America Inc., Attn: CS Admin, 4600 150th Ave NE, Redmond, WA 98052.

  • It also requires users to engage in informal dispute resolution with Nintendo before initiating arbitration.

This reference for the Android Authority article was included in the original wiki source's placeholder section:

Nintendo Privacy Policy

Key changes effective May 2025 include:

• Chat Monitoring and Recording: Clarification that Nintendo "may collect, monitor, and record audio and video of your chat sessions within certain services" for purposes like supporting a safe environment and detecting violations.
  • Nintendo later clarified to the publication Game File that "All recording is otherwise privately stored on the device, and no recording is sent to Nintendo until a report is submitted." (citing Game File)
• Recording of Interactions with Nintendo: Interactions with Nintendo (e.g., customer support) may be monitored and recorded for quality assurance.
• Information Visible to Other Users: The policy provides more details on information that might be visible to other users.
• General Data Practices (from Nintendo's main Privacy Policy page): Nintendo states it does not sell user information but may use cookies and share data with third-party service providers for business purposes, including advertising. Users have rights to access, correct, or delete their information.

Consumer response

There has been significant consumer backlash over the changes to these terms, leading many to expect that Nintendo is trying to reserve their right to 'brick' customer's consoles as a measure of policy enforcement, despite the fact that intentionally rendering a device inoperable would be a violation of consumer protection laws within the United States and European Union. This however does not mean Nintendo cannot hinge the functionality of the device's software excessively on an online connection to their servers, meaning a ban could render a console functionally useless.

Concerns were widely reported by major gaming publications. Eurogamer and Game File were among the outlets covering these details. Other publications like IGN, GameSpot, TechRadar, GamesIndustry.biz, and Android Authority also provided analysis and reported on user concerns.

Many analysts linked these stricter terms to Nintendo's preparations for the upcoming Nintendo Switch 2 console, aiming to bolster anti-piracy measures and control over its platform.

References

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