Nintendo limits its financial responsibility to users very narrowly, excluding compensation for lost data, lost access, or other indirect losses resulting from problems with its websites or 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
If you lose access to digital purchases, game saves, or other account-linked content due to a service failure or termination, these terms limit your ability to recover those losses from Nintendo.
Interpretive note: Enforceability varies by jurisdiction; EU, UK, and certain US state consumer protection frameworks may limit or nullify this exclusion in consumer-facing digital service contexts.
Under these terms, users who suffer data loss, service disruption, or loss of access to digital content linked to their Nintendo Account may find their ability to seek financial compensation significantly limited, subject to what applicable law in their jurisdiction permits.
How other platforms handle this
To the maximum extent permitted by applicable law, Kit shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting ...
To the maximum extent permitted by applicable law, Pinterest shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, res...
You will remain responsible for any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
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"TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NINTENDO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SITES.— Excerpt from Nintendo's Nintendo Terms of Use
REGULATORY LANDSCAPE: Exclusions of consequential and indirect damages are standard in commercial digital platform agreements but face enforceability constraints in consumer-facing contexts in many jurisdictions. EU consumer law and the UK Consumer Rights Act 2015 generally prohibit exclusion of liability for damages caused by the supplier's fault in consumer contracts for digital content. The FTC Act may be implicated if the limitation of liability is applied in a manner that is deemed unfair to consumers who have paid for services. GOVERNANCE EXPOSURE: Medium. While liability caps and consequential damage exclusions are industry-standard, the breadth of the exclusion, which covers loss of data and loss of use without any stated minimum recovery, creates meaningful exposure in consumer protection contexts. Regulators in the EU and UK have taken active interest in platform liability terms that may strip consumers of statutory rights. JURISDICTION FLAGS: EU/EEA and UK consumers retain non-waivable statutory rights that this limitation cannot override. California consumers may have additional recourse under the CLRA for digital goods. The Washington State governing law designation means US disputes are assessed under Washington law, which permits broad consequential damage exclusions in commercial contexts but may treat consumer contracts differently. CONTRACT AND VENDOR IMPLICATIONS: Business users or developers relying on Nintendo's platforms should treat this limitation as effectively eliminating large-loss recovery and structure their operations accordingly, including through independent data backup and service continuity planning. The limitation does not appear to be reciprocal, meaning it applies to Nintendo's liability to users but the terms impose obligations on users that carry separate liability exposure. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the limitation of liability is disclosed prominently enough to satisfy conspicuousness requirements under applicable state law, and whether regional addenda or separate terms are needed for EU/EEA, UK, and other markets where the clause may not be enforceable as written.
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If you lose access to digital purchases, game saves, or other account-linked content due to a service failure or termination, these terms limit your ability to recover those losses from Nintendo.
Under these terms, users who suffer data loss, service disruption, or loss of access to digital content linked to their Nintendo Account may find their ability to seek financial compensation significantly limited, subject to what applicable law in their jurisdiction permits.
ConductAtlas has identified this type of provision across 265 platforms. See the full comparison.
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