Guard.ch Logo

Terms of Service

Last Updated: November 14, 2025

Effective Date: November 14, 2025

1. Agreement and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Guard.ch ("Guard.ch," "we," "us," or "our"). For our full legal information, please see our Imprint.

By accessing or using Guard.ch services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our services.

Legal Capacity: By using Guard.ch, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this agreement.

2. Service Description

Guard.ch is a privacy-focused virtual machine (VM) management platform providing:

2.1 Core Services

  • On-Demand Windows VMs: Secure Windows virtual machines accessible via web browser using Remote Desktop Protocol (RDP)
  • Web-Based Access: Browser-based RDP client powered by Apache Guacamole for seamless connectivity
  • VM Lifecycle Management: Provisioning, operation, and termination of virtual machines
  • Team Collaboration: Multi-user team accounts with shared resources and billing
  • API Access: Programmatic access via API keys for automation

2.2 Infrastructure

  • Hosting: All infrastructure is hosted on Hetzner servers located in Helsinki, Finland
  • Technology Stack: Kubernetes (K3S) orchestration with KVM/libvirt virtualization
  • Network: CloudFlare DNS and DDoS protection
  • VM Specifications: Each VM includes 8GB RAM, 4 vCPUs, and isolated storage

2.3 Privacy Commitment

  • Zero Content Monitoring: We do not and cannot access the content of your virtual machines
  • Complete Data Deletion: All VM data is irreversibly deleted immediately upon VM termination
  • Minimal Logging: Only standard operational logs (access logs, server logs) are maintained for security and service delivery

3. Account Registration and Use

3.1 Account Creation

To use Guard.ch, you must:

  • Provide a valid email address
  • Authenticate via Google OAuth, Microsoft OAuth, or WebAuthn/passkey
  • Verify your email address (if required)
  • Accept these Terms and our Privacy Policy

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your authentication credentials
  • All activities that occur under your account
  • Immediately notifying us of any unauthorized access or security breach
  • Using strong authentication methods (we recommend WebAuthn/passkey)

3.3 Team Accounts

If you create or join a team account:

  • Team managers have administrative control over the team and its members
  • You agree to the team's billing and usage policies
  • Team managers may remove you from the team at any time
  • You represent that you have authority to bind your organization (if applicable)

3.4 Accurate Information

You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Not impersonate any person or entity
  • Not create multiple accounts to circumvent restrictions

4. Acceptable Use Policy

4.1 Permitted Uses

You may use Guard.ch virtual machines for lawful purposes, including:

  • Software development, testing, and deployment
  • Business applications and productivity software
  • Educational and research activities
  • Legal browsing and web access
  • Remote work and collaboration
  • Data processing and analysis (subject to data protection laws)

4.2 Prohibited Activities

You shall NOT use Guard.ch services to:

Illegal Activities:

  • Violate any applicable laws, regulations, or third-party rights
  • Engage in or facilitate any criminal activity
  • Infringe intellectual property rights (copyright, trademark, patent, trade secret)
  • Violate data protection or privacy laws
  • Violate export control or sanctions laws

Malicious Activities:

  • Distribute, host, or execute malware, viruses, trojans, ransomware, or harmful code
  • Conduct hacking, cracking, or penetration testing of third-party systems without authorization
  • Launch denial-of-service (DoS/DDoS) attacks
  • Engage in port scanning or network reconnaissance of systems you do not own
  • Attempt to bypass security measures or access controls
  • Engage in phishing, social engineering, or identity theft

Abusive Activities:

  • Send spam, unsolicited bulk communications, or fraudulent messages
  • Operate fraudulent schemes or scams
  • Host or distribute illegal content (child exploitation material, terrorist content, etc.)
  • Engage in harassment, stalking, or threats
  • Mine cryptocurrency or perform proof-of-work computations without explicit written authorization from Guard.ch

Platform Abuse:

  • Attempt to gain unauthorized access to Guard.ch systems, other users' accounts, or VMs
  • Interfere with, disrupt, or compromise the integrity of our services or infrastructure
  • Reverse engineer, decompile, or attempt to extract source code from our platform (excluding your own VMs)
  • Resell, redistribute, or sublicense Guard.ch services without written authorization
  • Use automated tools (bots, scrapers) to access the service excessively or abusively
  • Consume excessive resources in a manner that degrades service for other users

4.3 Resource Fair Use

While we do not impose strict resource limits, you agree to:

  • Use resources reasonably and in good faith
  • Not monopolize or abuse system resources
  • Cooperate with us if we identify unusual resource consumption patterns

4.4 Enforcement

We reserve the right to:

  • Investigate suspected violations of this Acceptable Use Policy
  • Suspend or terminate accounts that violate these Terms
  • Remove content or terminate VMs that violate this policy
  • Cooperate with law enforcement authorities as required by law
  • Take legal action against users who violate these Terms

5. Virtual Machines and Data

5.1 VM Creation and Ownership

  • You may create VMs from available base images provided by Guard.ch
  • VMs are created as isolated QCOW2 linked clones from base Windows images
  • You own and control all data and content within your VMs
  • VM availability is subject to your subscription plan and resource limits

5.2 VM Lifecycle

  • Creation: VMs are provisioned on-demand from base images
  • Operation: VMs run until you stop them or your subscription limits are reached
  • Termination: When a VM is deleted, all data is immediately and irreversibly destroyed
  • Automatic Cleanup: Inactive or orphaned VMs may be automatically deleted

5.3 Data Responsibility

You are solely responsible for:

  • All data, content, and software within your VMs
  • Ensuring your use complies with applicable data protection and privacy laws
  • Maintaining separate backups of critical data (we do not provide backup services)
  • Securing your VMs and the applications running within them
  • Any consequences arising from data stored or processed in your VMs

5.4 No Access to VM Content

Important: Guard.ch does not access, monitor, or inspect the content of your virtual machines. VMs are completely isolated by design, and we have no technical capability to view what you do within your VMs. We only maintain standard server access logs for security and operational purposes.

5.5 Data Deletion

  • All VM data is completely and irreversibly deleted immediately upon VM termination
  • We cannot recover deleted VM data under any circumstances
  • Account deletion results in immediate termination and deletion of all your VMs
  • Export any data you wish to retain before deleting VMs or your account

5.6 Prohibited Content

You shall not store, process, or transmit in your VMs:

  • Content that violates our Acceptable Use Policy
  • Illegal content under Swiss law or the laws of your jurisdiction
  • Content that violates third-party rights
  • Personal data in violation of the Swiss FADP or other applicable privacy laws

6. Subscription Plans and Billing

6.1 Subscription Plans

Guard.ch offers various subscription plans with different features and limits:

  • Concurrent VM Limit: Maximum number of VMs you can run simultaneously
  • Team Features: Team accounts include collaboration and shared billing
  • Pricing: Current pricing is available on our website at guard.ch

6.2 Payment Processing

  • All payments are processed securely through Stripe, Inc.
  • You authorize Guard.ch to charge your selected payment method for all fees
  • We do not store your credit card numbers or payment details
  • Payment information is subject to Stripe's privacy policy and terms

6.3 Billing Cycles

  • Subscription fees are billed monthly or annually in advance (based on your plan)
  • Usage-based charges (if applicable) are calculated based on actual VM usage
  • Invoices are sent to your billing email address
  • Payment is due immediately upon invoice

6.4 Taxes

  • All fees are exclusive of applicable taxes (VAT, GST, sales tax, etc.)
  • You are responsible for all taxes associated with your purchase
  • Swiss VAT may apply based on your location and business status

6.5 Price Changes

  • We may change our pricing with 30 days' advance notice
  • Price changes apply to subsequent billing cycles, not current subscriptions
  • You may cancel your subscription before the price change takes effect

6.6 Late Payment and Suspension

  • Failure to pay may result in immediate suspension of your account and VMs
  • Suspended accounts may have all VMs terminated after 7 days
  • We may charge late fees or interest on overdue amounts as permitted by law
  • You remain responsible for all fees incurred before suspension or termination

6.7 Refund Policy

  • No Refunds: All subscription fees and usage charges are non-refundable
  • Exceptions: Refunds may be granted at our sole discretion for service outages, billing errors, or exceptional circumstances
  • Cancellation: You may cancel your subscription at any time, but no refunds will be issued for unused time

7. Intellectual Property Rights

7.1 Guard.ch Property

The Guard.ch platform, including all software, code, design, logos, trademarks, documentation, and related materials, is the exclusive property of Guard.ch and is protected by Swiss and international intellectual property laws.

These Terms do not grant you any rights, title, or interest in Guard.ch's intellectual property, except for the limited right to use the service as described herein.

7.2 Your Content

You retain all intellectual property rights to data and content you create, upload, or store within your VMs. By using Guard.ch, you grant us a limited, non-exclusive license to:

  • Store and process your VM data to provide the service
  • Access VM metadata (not content) for operational and security purposes
  • Perform automated backups and disaster recovery (infrastructure level only)

This license terminates when you delete your VMs or account.

7.3 Feedback

If you provide suggestions, feedback, or ideas about Guard.ch, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback without obligation or compensation to you.

7.4 Third-Party Software

Your VMs may include third-party software (Windows OS, applications). You are responsible for compliance with all applicable licenses for software you use within your VMs.

8. Service Availability and Modifications

8.1 Service Availability

  • We strive to maintain high availability but do not guarantee uninterrupted or error-free service
  • Scheduled maintenance will be announced in advance when reasonably possible
  • We are not liable for service interruptions, downtime, or performance issues
  • No service level agreement (SLA) is provided unless explicitly agreed in writing

8.2 Modifications to Service

We reserve the right to:

  • Modify, suspend, or discontinue any aspect of the service at any time
  • Add or remove features, VM images, or configurations
  • Change technical specifications or infrastructure
  • Impose new or modified resource limits

We will provide reasonable notice of material changes when feasible.

8.3 Beta and Experimental Features

  • We may offer beta, experimental, or preview features
  • These features are provided "as-is" without warranties or support commitments
  • Beta features may be modified or discontinued at any time without notice
  • Your use of beta features is at your own risk

9. Account Termination

9.1 Termination by You

You may terminate your account at any time by:

  • Using the account deletion feature in your account settings
  • Contacting our support team at support@guard.ch

Upon termination:

  • All active VMs are immediately deleted and their data is irreversibly destroyed
  • You remain responsible for all unpaid fees incurred before termination
  • You should export any data you wish to retain before terminating your account

9.2 Termination by Guard.ch

We may suspend or terminate your account immediately, without prior notice, if:

  • You violate these Terms or our Acceptable Use Policy
  • Your account is involved in illegal, fraudulent, or harmful activity
  • Your payment method fails or you have outstanding unpaid fees
  • We are required to do so by law or court order
  • We reasonably believe your account poses a security or legal risk
  • You engage in abusive behavior toward our staff or other users

9.3 Service Discontinuation

If we discontinue Guard.ch entirely, we will provide at least 30 days' notice and allow you to export your data.

9.4 Effect of Termination

Upon termination or expiration of your account:

  • Your right to access and use Guard.ch ceases immediately
  • All your VMs and data are permanently deleted
  • Provisions of these Terms that should survive (liability limitations, indemnification, dispute resolution) remain in effect
  • No refunds will be issued except as required by law

10. Warranties and Disclaimers

10.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY SWISS LAW, GUARD.CH SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
  • WARRANTIES REGARDING AVAILABILITY, RELIABILITY, SECURITY, OR ACCURACY
  • WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS
  • WARRANTIES REGARDING DATA INTEGRITY, BACKUP, OR RECOVERY

10.2 Your Responsibility

You acknowledge and agree that:

  • You use Guard.ch at your own risk
  • You are solely responsible for securing your VMs and data
  • You must maintain independent backups of critical data
  • We are not responsible for data loss, corruption, or unauthorized access
  • VM performance may vary based on infrastructure load and other factors

10.3 Third-Party Services

We disclaim all responsibility for:

  • Third-party services (Stripe, Google, Microsoft, Hetzner, Cloudflare)
  • Software you install or use within your VMs
  • Websites or services you access from your VMs
  • Actions of other users or third parties

11. Limitation of Liability

11.1 Exclusion of Damages

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

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR OPPORTUNITIES
  • BUSINESS INTERRUPTION OR LOSS OF USE
  • COST OF SUBSTITUTE SERVICES OR PROCUREMENT
  • DATA LOSS, CORRUPTION, OR UNAUTHORIZED ACCESS
  • SECURITY BREACHES OR CYBERATTACKS
  • ACTIONS OR OMISSIONS OF THIRD PARTIES

This exclusion applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we were advised of the possibility of such damages.

11.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY SWISS LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF GUARD.CH SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO GUARD.CH IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

IF YOU HAVE NOT PAID ANY FEES, OUR TOTAL LIABILITY SHALL NOT EXCEED CHF 100.

11.3 Exceptions

Nothing in these Terms limits our liability for:

  • Gross negligence or willful misconduct
  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation
  • Any liability that cannot be excluded under Swiss law

11.4 Basis of the Bargain

You acknowledge that the disclaimers and limitations in these Terms reflect a reasonable allocation of risk and are a fundamental basis of our agreement. Guard.ch would not provide services without these limitations.

12. Indemnification

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

  • Your use of Guard.ch services
  • Your violation of these Terms or our Acceptable Use Policy
  • Your violation of any laws, regulations, or third-party rights
  • Content or data you store, process, or transmit within your VMs
  • Your negligence, misconduct, or illegal activities
  • Claims by third parties related to your use of the service

This indemnification obligation survives termination of your account.

13. Data Protection and Privacy

13.1 Privacy Policy

Your use of Guard.ch is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal data.

13.2 Data Processing Agreement

For customers subject to the Swiss FADP or EU GDPR, our Privacy Policy serves as our data processing disclosure. Guard.ch acts as:

  • Data Controller for account and billing data
  • Data Processor (to a limited extent) for VM metadata

We do not process or access the content of your VMs.

13.3 Your Compliance Obligations

You are solely responsible for:

  • Compliance with data protection laws for data you process in your VMs
  • Obtaining necessary consents and providing required notices to data subjects
  • Implementing appropriate security measures for data in your VMs
  • Responding to data subject requests related to your VM data

14. Compliance with Laws

You agree to:

  • Comply with all applicable Swiss laws and the laws of your jurisdiction
  • Comply with export control laws and not use Guard.ch for prohibited destinations or purposes
  • Comply with data protection and privacy laws (Swiss FADP, EU GDPR if applicable, etc.)
  • Comply with intellectual property laws and software licenses
  • Obtain all necessary licenses, permits, or authorizations for your use of the service

We reserve the right to restrict or terminate access to comply with legal requirements or avoid legal liability.

15. Dispute Resolution and Governing Law

15.1 Governing Law

These Terms and any disputes arising from or related to your use of Guard.ch shall be governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict of law principles and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

15.2 Jurisdiction and Venue

The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms is the competent court in Schmiedrued, Switzerland (location of Guard.ch's registered office), or, if applicable, the competent court in Aarau, Switzerland.

You irrevocably submit to the exclusive jurisdiction of these courts and waive any objection based on inconvenient forum.

15.3 Amicable Resolution

Before initiating formal legal proceedings, you agree to contact us at support@guard.ch to attempt to resolve the dispute amicably. We commit to engaging in good-faith negotiations for at least 30 days.

15.4 No Class Actions

You agree to resolve disputes individually and waive any right to bring or participate in class actions, collective actions, or representative proceedings.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Guard.ch regarding your use of the service and supersede all prior agreements, understandings, and communications.

16.2 Amendments

We may update these Terms from time to time. We will notify you of material changes by:

  • Posting the updated Terms with a new "Last Updated" date
  • Sending email notification to your account email (for significant changes)
  • Displaying a prominent notice on the platform

Your continued use of Guard.ch after changes become effective constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the service and may delete your account.

16.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if that is not possible, severed from these Terms.

16.4 No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Guard.ch.

16.5 Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. Any attempted assignment in violation of this provision is void.

We may assign, transfer, or delegate these Terms and our rights and obligations without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

16.6 Force Majeure

Guard.ch is not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, labor disputes, pandemics, government actions, internet or telecommunications failures, or failures of third-party service providers.

16.7 Notices

To You: We may send notices to you by email to your account email address, by posting notices on the Guard.ch platform, or by other legally acceptable means. You are responsible for keeping your email address current. Notices are deemed received 24 hours after email is sent or when posted on the platform.

To Us: You may send legal notices to us via email at support@guard.ch or by postal mail to the address listed in our Imprint.

Legal notices to us must be sent by registered mail or email and are deemed received when we acknowledge receipt.

16.8 Independent Contractor

Guard.ch and you are independent contractors. These Terms do not create a partnership, joint venture, employment, agency, or franchise relationship.

16.9 Third-Party Beneficiaries

These Terms are for the benefit of you and Guard.ch only. There are no third-party beneficiaries, except that our service providers may enforce the limitations of liability and indemnification provisions.

16.10 Language

These Terms are provided in English. Translations may be provided for convenience, but in the event of any conflict, the English version shall prevail and govern.

16.11 Survival

Provisions that by their nature should survive termination shall survive, including but not limited to: intellectual property rights, disclaimers, limitations of liability, indemnification, dispute resolution, and general provisions.

17. Contact Information

For questions, support, or concerns regarding these Terms of Service:

Email: support@guard.ch

Postal Address: See our Imprint for full contact details and business registration information.

Effective Date: These Terms are effective as of November 14, 2025 and apply to all users of Guard.ch services.

By using Guard.ch, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.