MarkAssPandi (@MarkAssPandi)

@silly "Without limitation, you agree that you may not (a) (...) (b) bypass, modify, decrypt, defeat, tamper with, or otherwise circumvent any of the functions or protections of the Nintendo Account Services,"
one of the functions of Nintendo Account Services is to protect against piracy by verifying if person has the game, so this wording could suggest that using modding is bypassing of the Nintendo Account Services