Gearbox Software has addressed concerns from fans regarding Take-Two Interactive’s terms of service, including claims that Borderlands 4 may include spyware.
In a Steam post, published September 11, 2025, the official Borderlands account issued a “response to recent community concerns about Take-Two’s terms of service” in order to maintain “transparency and confidence with the community.”
In the post, developer Gearbox Software denied the rumors that Borderlands 4 includes spyware to allow the developer’s parent company, Take-Two Interactive, to gather personal information from players.
“Take-Two does not use spyware in its games,” Gearbox Software stated in the post. “Take-Two’s privacy policy applies to all labels, studios, games, and services across all media and platform types such as console, PC, mobile app, and website.
“The privacy policy identifies the data activities that may be collected, but this does not mean that every example is collected in each game or service.
“Take-Two identifies these practices in its privacy policy to provide transparency to players and comply with its legal obligations. Take-Two collects this information to deliver its services to players, including to protect the game environment and player experience.”
This includes, the post explained, using data to ensure game compatibility and to personalise user experiences, including displaying usernames.
Fan concerns over Take-Two Interactive’s terms of service began after the EULAs for the Borderlands series were updated in February 2025, following Take-Two Interactive’s acquisition of Gearbox Software in March 2024.
This resulted in the Borderlands series being review-bombed on Steam, as some fans on forums spread misinformation about what these updated terms would actually mean for players and modders. One YouTuber even posted a video titled “Take Two Spies On Borderlands Players.”
In addition to addressing concerns over spyware, Gearbox Software also provided clarity on mods, as some fans raised concerns that the updated terms of service would see all modders penalised.
“Take-Two’s terms of service prohibit mods that allow users to gain an unfair advantage, negatively impact the ability of other users to enjoy the game as intended, or allow users to gain access to content that the user is not entitled to,” the post reads.
“We do this to protect the integrity of the game experience for all users. Take-Two generally does not seek to take action against mods that are single-player only, non-commercial, and respect the intellectual property (IP) rights of its labels and third parties.”