Disclaimer and Limitation of Liability

Last Updated: November 14, 2025

Effective Date: November 14, 2025

1. Introduction

This Disclaimer and Limitation of Liability document outlines the legal disclaimers, warranties, and limitations of liability applicable to Guard.ch services. This document is incorporated into and forms part of the Guard.ch Terms of Service.

Important: By using Guard.ch services, you acknowledge and agree to these disclaimers and limitations. Please read them carefully.

2. Nature of Service

2.1 Virtual Machine Infrastructure

Guard.ch provides virtual machine (VM) infrastructure services:

We provide the infrastructure and platform for running Windows VMs
You control what software and data you use within your VMs
We do not access, monitor, or control the content of your VMs
We are not responsible for applications, data, or activities within your VMs

2.2 "As-Is" and "As-Available" Basis

Guard.ch services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind.

This means:

We do not guarantee uninterrupted, error-free, or secure service
We do not warrant that the service will meet your specific requirements
We do not guarantee the accuracy, reliability, or completeness of any content
Service availability, features, and performance may vary

3. Disclaimer of Warranties

3.1 No Express or Implied Warranties

TO THE MAXIMUM EXTENT PERMITTED BY SWISS LAW, GUARD.CH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Implied Warranties:

✗ Warranty of merchantability
✗ Warranty of fitness for a particular purpose
✗ Warranty of non-infringement
✗ Warranties arising from course of dealing or usage of trade

Service Warranties:

✗ Warranty of uninterrupted or error-free service
✗ Warranty of security or freedom from viruses or malicious code
✗ Warranty of data integrity, accuracy, or completeness
✗ Warranty of compatibility with your systems or software
✗ Warranty of availability at any particular time
✗ Warranty of results or outcomes from using the service

3.2 No Warranty of Third-Party Services

Guard.ch relies on third-party services (Hetzner, OVH, Stripe, Cloudflare, etc.):

We disclaim all warranties regarding third-party services
We are not responsible for third-party service failures, outages, or security breaches
Third-party services are subject to their own terms and warranties
We make no representations about third-party reliability, security, or suitability

3.3 No Warranty of VM Content or Software

Guard.ch does NOT warrant or guarantee:

The functionality, security, or legality of software you install in VMs
The integrity or security of data you store in VMs
Compliance of your VM activities with applicable laws
Compatibility of VM software with Guard.ch infrastructure
Protection against malware, viruses, or attacks within VMs
Recovery of deleted or corrupted data within VMs

Your Responsibility: You are solely responsible for:

Securing your VMs and data
Ensuring software compatibility and licensing compliance
Backing up critical data (we do not provide backups of VM content)
Implementing appropriate security measures within VMs

3.4 No Warranty of Legal Compliance

Guard.ch does not warrant that:

The service complies with laws or regulations specific to your jurisdiction or industry
Your use of the service complies with applicable laws
The service is suitable for regulated industries (healthcare, finance, etc.) without additional safeguards

Your Responsibility: You must ensure your use of Guard.ch complies with all applicable laws, regulations, and industry standards relevant to your use case.

4. Limitation of Liability

4.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY SWISS LAW, GUARD.CH (INCLUDING ITS OWNER JANIS ZESIGER, EMPLOYEES, CONTRACTORS, AND SERVICE PROVIDERS) SHALL NOT BE LIABLE FOR ANY:

Consequential Damages:

✗ Loss of profits, revenue, or business opportunities
✗ Loss of anticipated savings or business
✗ Loss of data or information
✗ Loss of goodwill or reputation
✗ Business interruption or downtime
✗ Cost of substitute services or procurement
✗ Loss of use or functionality

Indirect and Incidental Damages:

✗ Indirect damages arising from use or inability to use the service
✗ Incidental damages related to service outages or errors
✗ Special, punitive, or exemplary damages

This exclusion applies:

Regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise)
Even if Guard.ch was advised of the possibility of such damages
Whether damages arise from service outages, data loss, security breaches, errors, or any other cause

4.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY SWISS LAW:

Total Liability Limit: Guard.ch's total cumulative liability to you for all claims arising out of or related to your use of Guard.ch services or these terms shall not exceed:

The total amount you paid to Guard.ch in the 12 months immediately preceding the event giving rise to liability.

For Free Tier Users: If you have not paid any fees to Guard.ch (free tier, trial users), our total liability shall not exceed CHF 100 (one hundred Swiss Francs).

Per-Incident Limit: For any single incident or related series of incidents, our liability is capped at the amounts above, regardless of the number of claims or causes of action.

4.3 Basis of the Bargain

You acknowledge and agree that:

These limitations of liability are a fundamental element of the agreement between you and Guard.ch
Guard.ch would not provide services at the current pricing without these limitations
These limitations reflect a reasonable allocation of risk between you and Guard.ch
You have had the opportunity to review these limitations and accept them as fair and reasonable

4.4 Exceptions to Limitations

Nothing in these disclaimers or limitations of liability excludes or limits Guard.ch's liability for:

Legally Non-Excludable Liability:

Death or personal injury caused by our gross negligence or willful misconduct
Fraud or fraudulent misrepresentation
Gross negligence or intentional misconduct by Guard.ch
Any other liability that cannot be excluded or limited under Swiss law

Statutory Consumer Rights: Swiss and EU consumer protection laws may provide you with certain rights that cannot be excluded or limited. To the extent such laws apply, our liability is limited only to the maximum extent permitted by those laws.

5. Specific Disclaimers

5.1 Security Disclaimer

Guard.ch implements reasonable security measures, but we cannot guarantee absolute security:

No internet-based service can be 100% secure
We cannot guarantee protection against all cyber threats, hacking attempts, or security breaches
You are responsible for securing your account credentials, VMs, and data
We disclaim liability for unauthorized access resulting from your failure to secure your account or VMs
We disclaim liability for security vulnerabilities in third-party software you install in VMs

Best Practices:

Use strong, unique passwords
Enable multi-factor authentication (MFA)
Keep your VMs and software updated
Implement security measures appropriate to your data sensitivity

5.2 Data Loss Disclaimer

Guard.ch is not responsible for data loss:

VM Data Deletion:

All VM data is permanently and irreversibly deleted upon VM termination
We cannot recover deleted VM data under any circumstances
You must maintain your own backups of critical data

Data Loss Causes We Disclaim:

Accidental deletion of VMs by you
Service outages or infrastructure failures
Security breaches or unauthorized access
Corruption, errors, or bugs in your software
Force majeure events (disasters, attacks, etc.)

No Backup Service: Guard.ch does not back up VM content. Any infrastructure backups are for Guard.ch's operational purposes only and do not include customer VM content.

5.3 Third-Party Content and Links

Guard.ch is not responsible for third-party content:

Websites you access from VMs
Software you download or install
Services you use or APIs you access
Links to third-party websites or services
Content provided by third parties

Disclaimer:

Third-party content is provided "as-is" without warranties
We do not endorse, verify, or guarantee third-party content
You access third-party content at your own risk
We are not liable for damages arising from third-party content or services

5.4 Network and Connectivity Disclaimer

Guard.ch is not responsible for:

Internet connectivity issues beyond our control
ISP outages or throttling
Network congestion or packet loss
Geolocation or IP address restrictions
Bandwidth limitations or speed variations
Latency or performance issues caused by geographic distance

Best Effort: We provide reasonable network connectivity, but we cannot guarantee specific speeds, latency, or availability.

5.5 Software Licensing Disclaimer

You are responsible for software licensing:

Ensuring you have valid licenses for software you use in VMs (including Windows OS)
Complying with Microsoft's Windows licensing terms
Obtaining licenses for third-party applications
Avoiding use of pirated or unauthorized software

Disclaimer: Guard.ch is not responsible for your compliance with software licenses. We may terminate your account if you use unlicensed software in violation of our Acceptable Use Policy.

5.6 Cryptocurrency and Financial Disclaimer

Guard.ch is not a financial service:

We do not provide financial, investment, or tax advice
We are not responsible for financial losses from cryptocurrency activities
Cryptocurrency mining is prohibited without authorization
We disclaim liability for market volatility, trading losses, or financial damages

Compliance: You are responsible for complying with financial regulations, tax laws, and anti-money laundering (AML) requirements relevant to your activities.

5.7 Legal and Compliance Disclaimer

Guard.ch does not provide legal advice:

We are not responsible for your legal compliance
You must consult your own legal advisors regarding your use of Guard.ch
We disclaim liability for fines, penalties, or legal consequences arising from your use of the service
Compliance with data protection, privacy, export control, and other laws is your responsibility

6. Force Majeure

Guard.ch is not liable for failures or delays caused by events beyond our reasonable control, including:

Natural disasters (earthquakes, floods, fires, hurricanes, pandemics)
War, terrorism, civil unrest, or government actions
Internet backbone failures or telecommunications outages
Power outages or utility failures
Strikes, labor disputes, or supplier failures
Cyber attacks, DDoS attacks, or hacking incidents (affecting our infrastructure or third parties)
Acts of God or other force majeure events

Effect: During force majeure events:

Our performance obligations may be suspended
SLA commitments may not apply
We are not liable for damages or service credits
We will use reasonable efforts to minimize impact and restore service

7. Indemnification by Customer

7.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless Guard.ch (including Janis Zesiger, employees, contractors, and service providers) from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and court costs) arising from or related to:

Your Use of Services:

Your use or misuse of Guard.ch services
Content, data, or software you store, process, or transmit in VMs
Your violation of the Terms of Service, Acceptable Use Policy, or other policies
Your violation of any laws, regulations, or third-party rights
Your negligence, misconduct, or illegal activities

Third-Party Claims:

Claims by third parties alleging harm caused by your use of Guard.ch
Intellectual property infringement claims related to your VM content
Privacy or data protection violations related to data you process in VMs
Defamation, harassment, or other torts related to your activities

7.2 Defense and Settlement

If we are faced with a claim subject to your indemnification:

We will notify you promptly
You will assume defense of the claim with counsel acceptable to us
We may participate in the defense at our own expense
You will not settle any claim without our prior written consent if the settlement imposes obligations on us or admits liability on our behalf

7.3 Survival

Your indemnification obligations survive termination of your account and these terms.

8. Assumption of Risk

By using Guard.ch, you acknowledge and accept the following risks:

8.1 Technical Risks

VMs may experience downtime, errors, or performance issues
Data loss is possible (you must maintain backups)
Security breaches could occur despite our security measures
Bugs or vulnerabilities may exist in our platform or your software
Service interruptions may occur without warning

8.2 Operational Risks

You may configure VMs incorrectly, causing issues
Software you install may be incompatible or malicious
You may accidentally delete important data or VMs
Your account could be compromised if you don't secure it properly
Resource limits or fair use policies may constrain your use

8.3 Legal and Compliance Risks

Your use of Guard.ch may violate laws you're unaware of
Data protection and privacy laws may impose obligations on you
Software licensing violations could result in legal liability
Export controls may restrict your use of the service

Assumption: You explicitly assume these risks and agree that Guard.ch is not liable for damages arising from these risks.

9. No Guarantee of Availability

Guard.ch does not guarantee:

Availability of the service at any particular time
Ability to provision VMs when you need them (subject to capacity)
Compatibility with future versions of Windows or other software
Continuation of any specific features or functionality
Availability of specific data center locations or configurations

Right to Modify or Discontinue: We reserve the right to modify, suspend, or discontinue the service (or any part of it) at any time, with or without notice, subject to our contractual commitments (SLA, Terms of Service).

10. Limitation Period for Claims

10.1 Time Limit to Bring Claims

You agree that any claim or cause of action arising from or related to your use of Guard.ch must be filed within ONE (1) YEAR after the claim or cause of action arose.

Effect: Claims not filed within this period are permanently barred, regardless of any contrary statutes of limitations.

10.2 Discovery Period

The limitation period begins when you knew or should have known of the facts giving rise to the claim, not necessarily when the harm occurred.

11. Applicability

11.1 All Users

These disclaimers and limitations apply to:

Free tier and paid users
Individual and business users
All subscription plans and tiers
All features and services

11.2 Maximum Extent Permitted by Law

These disclaimers and limitations apply to the maximum extent permitted by applicable law.

If any provision is found invalid or unenforceable:

The remaining provisions remain in effect
The invalid provision is modified to be enforceable to the maximum extent possible
If modification is not possible, the provision is severed

11.3 Swiss Law Governs

These disclaimers and limitations are governed by Swiss law and interpreted in accordance with Swiss legal principles.

Consumer Protection: Swiss and EU consumer protection laws may provide you with rights that cannot be waived. To the extent such laws apply, these disclaimers and limitations apply only to the maximum extent permitted.

12. Acknowledgment and Agreement

By using Guard.ch services, you acknowledge that you have:

✓ Read and understood these disclaimers and limitations of liability ✓ Had the opportunity to seek independent legal advice ✓ Agreed to these disclaimers and limitations as fair and reasonable ✓ Accepted the risks associated with using Guard.ch services ✓ Agreed that these disclaimers and limitations are a material part of our agreement

If you do not agree to these disclaimers and limitations, you must not use Guard.ch services.

13. Relationship to Other Documents

These disclaimers and limitations should be read in conjunction with:

Terms of Service: Complete legal agreement
Privacy Policy: Data protection and privacy practices
Acceptable Use Policy: Prohibited activities
Service Level Agreement (SLA): Uptime and support commitments
Data Processing Agreement (DPA): Data processing terms

In case of conflicts:

Terms of Service take precedence for legal matters
This Disclaimer supplements the Terms of Service
Specific documents (DPA, SLA) govern their respective subject areas

14. Contact Information

For questions about these disclaimers and limitations:

Email: support@guard.ch

Postal Address: See our Imprint for full contact details.

Governing Law: These disclaimers and limitations are governed by Swiss law. The exclusive place of jurisdiction is Schmiedrued or Aarau, Switzerland.

Language: This document is provided in English. In case of conflicts with translations, the English version prevails.

Effective Date: These disclaimers and limitations are effective as of November 14, 2025.

By using Guard.ch, you acknowledge that you have read, understood, and agreed to these Disclaimers and Limitations of Liability.