By stating you will never lose the games you are giving a guarantee, when broken, this means you are breaking what your own TOS say. What exactly does it mean, in your opinion, when a seller says ''you will never lose the games if you follow my pdf''? When a buyer follows it, the only thing he can expect is to never lose access to the games. This is the literal meaning of your own TOS. lol
some times the real owner can contact nintendo and they will restore the primary access from the account and lose the games, and this is a RARE case