Nintendo makes no guarantees that its websites or any content on them will work properly, be accurate, or be available, and disclaims all implied promises about the quality or fitness of its services.
This analysis describes what Nintendo's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This clause means Nintendo accepts no legal responsibility if its services are unavailable, contain errors, or fail to meet your expectations, which limits your ability to seek compensation for service failures.
Interpretive note: The practical effect of this disclaimer varies significantly by jurisdiction; it may be unenforceable in whole or in part under EU, UK, and certain US state consumer protection frameworks.
If Nintendo's website or digital services malfunction, go offline, or contain inaccurate information, users generally cannot hold Nintendo legally responsible under these terms, to the extent permitted by applicable law.
How other platforms handle this
THE SERVICES AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GUSTO DOES NOT WARRANT THAT THE SERVICES WILL BE...
THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AI21 DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ...
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"THE SITES AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED ON THE SITES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, NINTENDO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.— Excerpt from Nintendo's Nintendo Terms of Use
REGULATORY LANDSCAPE: Blanket disclaimer of implied warranties may be limited or unenforceable under applicable state law, including the Uniform Commercial Code as adopted in various states, which preserves certain implied warranties in consumer transactions. In the EU and UK, consumer protection law generally prohibits the exclusion of statutory guarantees for digital content and services, meaning this disclaimer may have limited effect for consumers in those jurisdictions. The FTC Act's prohibition on deceptive practices may be relevant if the disclaimer is used to avoid responsibility for material service failures affecting paid users. GOVERNANCE EXPOSURE: Low to Medium. Warranty disclaimers are standard in platform terms of service and are broadly used across the industry. However, the clause's effectiveness is jurisdiction-dependent, particularly for EU/EEA and UK users whose statutory rights cannot be contractually excluded. JURISDICTION FLAGS: EU consumers retain statutory rights to conforming digital content and services under the Digital Content Directive regardless of this disclaimer. UK consumers are similarly protected under the Consumer Rights Act 2015. California consumers may have additional protections under the CLRA and UCL that limit the practical effect of this disclaimer in consumer-facing transactions. CONTRACT AND VENDOR IMPLICATIONS: Organizations relying on Nintendo's digital platforms for business operations should not treat this disclaimer as eliminating all recourse; applicable law in their jurisdiction may preserve implied warranties not waivable by contract in consumer contexts. Separate service level agreements should be sought for any business-critical integrations. COMPLIANCE CONSIDERATIONS: Compliance teams should assess whether the disclaimer language is consistent with regional consumer protection obligations for markets where Nintendo operates, particularly the EU and UK. Review whether user-facing communications accurately represent the scope of warranty coverage available to consumers in their jurisdiction.
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This clause means Nintendo accepts no legal responsibility if its services are unavailable, contain errors, or fail to meet your expectations, which limits your ability to seek compensation for service failures.
If Nintendo's website or digital services malfunction, go offline, or contain inaccurate information, users generally cannot hold Nintendo legally responsible under these terms, to the extent permitted by applicable law.
ConductAtlas has identified this type of provision across 35 platforms. See the full comparison.
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