Terms of Service
Terms governing access to and use of Guard.ch.
1. Introduction and acceptance
These Terms of Service (the "Terms") govern access to and use of Guard.ch (the "Service"), operated by Zesiger.net, Switzerland ("Guard.ch", "we", "us"). The Service lets a customer submit a URL, opens that URL inside an isolated remote browser, captures what happens, and stores the resulting investigation against a workspace for review by authorised users.
By creating an account, accepting these Terms in the dashboard, or otherwise using the Service, the customer enters into a binding agreement with us. If the person accepting these Terms does so on behalf of a company or other legal entity, that person represents that they have authority to bind the entity, and "Customer" refers to that entity. If you do not agree to these Terms, do not use the Service.
These Terms incorporate the Privacy Policy, the Data Processing Agreement, the Security Statement, the Cookie Policy, and the Subprocessors register. They contain an acceptable use policy, disclaimers, limitations of liability, and a choice of Swiss law; read them carefully. Nothing in these Terms excludes or limits rights that consumers have under mandatory law (see section 23).
2. Definitions
- Service
- The Guard.ch platform, including the dashboard at guard.ch, the remote browser fleet, the replay viewer, the analytical and AI-generated outputs, and any related software made available by us.
- Customer
- The legal entity or natural person that has contracted with us under these Terms.
- Consumer
- A natural person who uses the Service for purposes that are wholly or mainly outside that person's trade, business, craft, or profession.
- User
- A natural person authorised by Customer to access the Service under Customer's workspace, including analysts, administrators, and read-only reviewers.
- Investigation
- A single, time-bounded interaction during which the Service opens a target URL submitted by a User inside one of our isolated remote browsers and records the result. Investigations are capped at the duration listed on the applicable plan.
- Capture
- The artefacts produced by an Investigation, including video stream, network log, DOM snapshots, screenshots, certificates, cookies, and derived indicators, stored against the workspace that initiated the Investigation.
- Verdict
- Any automated assessment, category, score, summary, or other AI-generated or rule-based analysis the Service produces about a target URL or Capture.
- Workspace
- The tenant container holding a Customer's Users, Captures, billing settings, and audit log. A Customer may operate one or more Workspaces depending on plan.
- Subscription Term
- The period for which Customer has purchased the Service, as shown on the order or invoice (monthly or annual, unless otherwise agreed for Enterprise).
- Confidential Information
- Non-public information disclosed by one party to the other in connection with the Service, whether marked confidential or reasonably understood to be confidential given its nature and the circumstances of disclosure.
3. Eligibility, accounts, and security
Customer must register an account to use the Service. Customer agrees to provide accurate, current information and to keep it up to date. Users must be at least 16 years old, or the minimum age at which they can validly consent to these Terms in their jurisdiction, whichever is higher. The Service is not directed at children, and we may close accounts that do not meet this requirement.
- Customer is responsible for credentials issued to its Users, including passwords, passkeys, session tokens, and SSO configuration, and for all activity that occurs under its account. Sharing of personal accounts between Users is not permitted; seats are per-User.
- Customer must notify us at [email protected] without undue delay if it suspects unauthorised access to its workspace, a leaked session token, or compromise of a User account.
- We may suspend a User or workspace if we observe credential stuffing, brute force, or other behaviour that endangers the Service or other customers, and will restore access once the risk is addressed.
- We may refuse, condition, or revoke registration where we reasonably believe an account is created to evade a prior suspension or termination, or where registration would violate section 17 (export controls and sanctions).
4. The service
Guard.ch is a website investigation tool. We provide remote browsers in isolated containers, open the target URL a User submits, record what happens, and make the resulting Capture and Verdict available inside the Customer's workspace.
The Service surfaces analytical signals (for example, redirect chains, third-party requests, credential form detection, certificate and IP lookups, and known abuse indicators) to help analysts assess a URL. These signals and the Verdict are observations and opinions, not legal or factual determinations (see section 7). We do not warrant that the Service will detect, classify, or block any specific threat, malicious payload, phishing kit, or category of content. Customer remains responsible for the conclusions it draws and the actions it takes based on a Capture or Verdict.
We may add, modify, or remove features during a Subscription Term provided the Service's core capability (open a URL in an isolated browser and review the resulting Capture) remains materially available. We will give reasonable notice through the dashboard or by email for changes that remove a documented feature relied on by paying Customers. Where a change materially reduces the Service for a paying Customer, section 22 (changes) applies.
5. Investigations and target websites
Investigations target websites operated by third parties. Customer, not Guard.ch, decides which URLs are submitted. Customer is solely responsible for every URL it or its Users submit and for the lawfulness of each Investigation.
- Lawful grounds. Customer must have a lawful basis for each Investigation, such as defensive security research, fraud or phishing investigation, brand protection, IT administration of its own estate, or a consumer checking a link addressed to them. Customer must be able to demonstrate that basis on our reasonable request where we receive a substantiated complaint.
- Third-party content. Content captured from a target website remains the property of the website operator and other rights holders. We process it solely so that Customer can review and analyse the Investigation; no further rights in that content are granted to Customer or to us (see section 15).
- No instructions to harm. Submitting a URL instructs the Service to load it in the same way an ordinary browser visitor would. The Service must not be used to deliver attacks, exploit vulnerabilities, or place more than ordinary visitor load on a target.
- Data protection. Where a Capture contains personal data of third parties, Customer is the controller of that data and must comply with the Data Processing Agreement and applicable data protection law, including any transparency obligations towards data subjects.
6. Acceptable use
Customer agrees that it and its Users will not, and will not allow any third party to, use the Service for any of the following.
- Stalk, harass, intimidate, or monitor an identified or identifiable natural person, or build profiles or dossiers on private individuals without a lawful basis.
- Conduct penetration testing, vulnerability scanning, exploitation, or any other security testing of a system that Customer does not own and is not authorised in writing to test. The Service is a passive investigation tool, not a launchpad for unauthorised access, intrusion, or denial-of-service activity.
- Circumvent access controls or technical protection measures of a third party, including authentication, paywalls, IP-based geofencing, anti-fraud throttling, rate limits, or anti-bot measures.
- Scrape, mirror, or systematically harvest third-party sites or personal data through the Service, including by automating Investigations to extract data at scale. Burst investigation patterns tied to a clear incident are acceptable; continuous extraction is not.
- Knowingly open, or use the Service to obtain or distribute, content that is illegal under Swiss law or under the law of the jurisdiction in which the User operates, including child sexual abuse material, content inciting violence, or content otherwise prohibited by criminal statute. If a good-faith Investigation incidentally captures such content, Customer must report it to [email protected] and delete the affected Capture rather than retain or further distribute it.
- Use the Service for any other unlawful purpose, or in a way that infringes the rights of a third party that Customer is bound to honour.
- Reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent such a restriction is prohibited by applicable law.
- Resell, sublicense, or expose the Service to third parties as a paid product, including white-label resale, without our prior written consent. Internal use by Customer's subsidiaries and affiliates is permitted; consulting use that incidentally involves investigating a client URL inside a Customer workspace is permitted.
- Interfere with the integrity or performance of the Service, including by tampering with the isolation layer, attempting to escape the container, or probing other customers' workspaces.
- Misuse our IP space or rDNS to send unsolicited communications, conduct credential phishing against third parties, or otherwise damage the reputation of our network.
We may suspend Investigations, throttle a workspace, or terminate access if we observe a material violation of this section (see sections 13 and 14). Where the conduct is reportable under applicable law, we may also report it to the competent authority.
7. Verdicts and AI-generated analysis
Verdicts, categories, summaries, and other analysis surfaced by the Service are generated automatically, in part by machine-learning models and third-party large language models (see the Subprocessors register). They are probabilistic by nature and can be wrong in both directions: a dangerous site may be rated harmless (a false negative) and a legitimate site may be rated suspicious or malicious (a false positive).
- Verdicts are analytical opinions for the Customer's own assessment. They are not statements of fact about a website or its operator, and not legal, professional, security, or investment advice.
- Customer must not rely on a Verdict as the sole basis for a decision that produces legal effects or similarly significant effects on a person, such as blocking a counterparty, terminating a contract, accusing a website operator of wrongdoing, or filing a complaint or report. Human review and independent verification are required for such decisions.
- Customer must not republish a Verdict in a way that presents it as a definitive determination by Guard.ch about a third party.
- Verdicts and categories reflect the state of the exact host at the time of the Investigation; the same URL may produce different results at a different time, from a different region, or for a different visitor profile.
8. Customer data and data protection
As between the parties, Customer owns all data submitted through, generated by, or otherwise associated with its workspace, including target URLs, Capture content, annotations, and audit logs ("Customer Data"), subject to the third-party rights described in sections 5 and 15.
Customer Data may include personal data of Users and of third parties whose content appears inside a Capture (for example, a phishing page that mimics a real person). For that processing, Customer is the controller and Guard.ch is the processor. The Data Processing Agreement sets out the scope of processing, the technical and organisational measures we apply, the approved subprocessors, and the parties' respective obligations under the Swiss FADP, the GDPR, the UK GDPR, and other applicable data protection laws. Our processing of personal data for which we are the controller is described in the Privacy Policy.
Each Capture is private to its workspace by default. The Service lets Customer switch an Investigation's replay to link sharing, which makes the replay viewable by anyone who has the link, without signing in, until Customer switches it back to private or the replay's retention window expires. Sharing a replay link is Customer's decision and constitutes its documented instruction to disclose that Capture to anyone presenting the link. Customer is solely responsible for what a shared replay discloses (including third-party content, credentials, cookies, session tokens, and form data recorded during the Investigation), for the lawfulness of that disclosure, and for switching a replay back to private when sharing is no longer appropriate.
Capture retention is tied to the active plan and is documented at the point of purchase. Captures are deleted when the retention window expires or when the agreement ends as described in section 14. Customer is responsible for exporting Captures it wishes to retain beyond the retention window.
9. Plans, payment, renewal, taxes
Plan details, including the pool of investigations, session duration cap, retention window, and seat count, are shown on the pricing page and reflected on the order confirmation. Plans renew automatically at the end of each Subscription Term unless cancelled as described in section 10.
- Billing. Monthly plans are billed at the start of each monthly period and annual plans at the start of the Subscription Term, in each case through the payment provider shown at checkout. Enterprise terms, including invoicing, follow the applicable order form.
- Currency. Prices are stated at checkout in US dollars unless a different currency is shown on the order or invoice.
- Investigation pool. Each plan includes a fixed pool of Investigations per billing cycle. There are no overage charges: once the pool is used up, no further Investigations can be started until the next billing cycle begins or Customer upgrades to a plan with a larger pool.
- Price changes. We may change list prices for future Subscription Terms; price changes do not apply mid-term, and Customer will see the new price at renewal with at least 30 days' notice. If Customer does not accept a price increase, it may cancel before the renewal takes effect.
- Taxes. Prices are exclusive of value added tax and other applicable taxes, levies, or duties unless stated otherwise at checkout. Where we are legally required to collect a tax, it is added at checkout or shown on the invoice. Business customers are responsible for any withholding or reverse-charge obligations in their jurisdiction.
- Refunds. Except as stated in these Terms, fees already paid are non-refundable. This does not limit the refund, withdrawal, or other remedies that mandatory law grants Consumers (see sections 10 and 23), the pro-rata refund in section 22, or credits we issue at our discretion for extended unavailability under section 11.
10. Trial, cancellation, and consumer withdrawal
Paid plans (other than Enterprise) start with a 30-day free trial. During the trial, Customer may cancel from the dashboard at any time and will not be charged. If Customer does not cancel before the trial ends, the plan converts to a paid Subscription Term at the stated price.
Customer may cancel an active subscription from the billing area of the dashboard. Cancellation takes effect at the end of the current Subscription Term; access continues until that date, and, except where mandatory law provides otherwise, no refund is issued for the unused portion. Customer may also delete its workspace, which terminates the agreement immediately and removes Captures subject to section 14.
If Customer is a Consumer in a jurisdiction that grants a statutory right of withdrawal from distance contracts (for example, 14 days in the EEA and the United Kingdom), that right remains unaffected. To exercise it, write to [email protected] within the statutory period stating the wish to withdraw. Where the Consumer expressly requested that the paid Service begin during the withdrawal period and then withdraws, we may retain a proportionate amount for the service already provided, as permitted by the applicable statute. Because paid plans begin with a 30-day free trial during which cancellation is free and nothing is charged, cancelling during the trial is usually the simplest route; the statutory right exists in addition to it, not instead of it.
11. Service availability
We operate the Service with the engineering and operational practices described in our Security Statement, but on a best-effort basis: self-serve plans do not carry a contractual uptime commitment, and we do not guarantee that the Service will be uninterrupted or error-free. Enterprise customers may agree a separate service level in an order form; only such a written service level creates an uptime obligation.
Planned maintenance is announced through the dashboard and, where significant, by email. Unplanned incidents are handled per the incident response process documented in the Security Statement, including notification timelines for incidents that affect Customer Data. Statutory remedies of Consumers for non-conformity of a digital service remain unaffected.
12. Beta features
We sometimes release features marked beta, preview, or experimental. These are provided as-is, may be changed or withdrawn without notice, and are excluded from any service level or warranty to the extent permitted by applicable law. Captures or settings created with a beta feature may not survive its removal; we will give reasonable notice where data export is feasible.
13. Suspension
We may suspend access to the Service, a workspace, a User, or specific Investigations, in whole or in part, if:
- Customer or a User materially breaches section 5 or 6, or we receive a substantiated complaint or a binding order from a competent authority concerning Customer's use;
- continued operation would create a security or legal risk for us, other customers, or third parties;
- an invoice is unpaid 14 days after its due date and remains unpaid after a payment reminder; or
- suspension is required by applicable law, including sanctions law (section 17).
We will scope a suspension to what is reasonably necessary, notify Customer without undue delay (in advance where practicable), and lift it once the ground for suspension is resolved. Suspension does not relieve Customer of the obligation to pay fees for the affected period where the suspension was caused by Customer's breach.
14. Termination and effect of termination
- By Customer. Customer may terminate this agreement at any time by cancelling its subscription and deleting its workspace as described in section 10, and may terminate for cause if we materially breach these Terms and do not cure the breach within 14 days of written notice.
- By Guard.ch for breach. We may terminate access if Customer materially breaches these Terms, including the acceptable use policy, and does not cure the breach within 14 days of written notice to the billing contact. We may terminate with immediate effect, without a cure period, where the breach poses an active risk to the Service, to other customers, or to third parties, or where the breach is by its nature incapable of cure.
- For non-payment. We may terminate if an invoice remains unpaid 30 days after its due date following at least one reminder.
- Effect of termination. On the effective date of termination, the rights granted to Customer under section 15 end and outstanding fees become due. Captures are retained for up to 1 month after the effective date of termination to allow export, after which they are deleted along with workspace metadata as described in the Data Processing Agreement. Customer may request earlier deletion in writing. Records we must keep under statutory retention duties (for example bookkeeping records) are retained for the statutory period only.
- Survival. Sections that by their nature survive termination (definitions, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, governing law, and accrued payment obligations) continue after termination.
15. Intellectual property
The Service, including the platform code, the replay viewer, the analytical signals and Verdict logic, the documentation, and any improvements, is and remains the property of Guard.ch and its licensors. These Terms grant Customer a limited, non-exclusive, non-transferable right to access and use the Service during the Subscription Term in accordance with the plan, revocable only as provided in sections 13 and 14.
Customer retains all rights in Customer Data and in material it submits to the Service. Customer grants us a limited, non-exclusive, worldwide licence to host, process, transmit, and display Customer Data solely to provide, secure, and support the Service and to comply with law. We do not use Customer Data to train models offered to other customers, and we claim no ownership of Customer Data.
Content captured from third-party websites remains the property of the respective website operator and other rights holders. It is processed and stored solely so that Customer can review and analyse its own Investigations. Neither these Terms nor a Capture grants Customer or us any licence to reuse, republish, or exploit that content beyond that purpose; statutory exceptions (for example private use, citation, and security research exceptions under applicable copyright law, including the Swiss Copyright Act) remain unaffected.
Feedback Customer voluntarily provides about the Service is non-confidential, and we may use it to improve the Service without restriction or obligation.
16. Confidentiality
Each party will protect the other's Confidential Information with at least the same degree of care it uses for its own confidential information of similar importance, and not less than reasonable care. Confidential Information may be used only to perform under, or exercise rights under, these Terms.
Confidential Information does not include information that is (a) publicly available without breach of these Terms, (b) known to the receiving party without obligation of confidence before disclosure, (c) lawfully received from a third party without restriction, or (d) independently developed without reference to the disclosing party's information. A party may disclose Confidential Information to the extent required by law or court order, provided it gives prompt notice where lawful so the other party can seek a protective order.
17. Export controls and sanctions
The Service and its underlying technology may be subject to export control and sanctions laws of Switzerland, the European Union, the United Kingdom, the United States, and other jurisdictions. Customer represents and warrants that:
- neither Customer nor any User is listed on, or owned or controlled by a party listed on, a sanctions list maintained by Switzerland (SECO), the United Nations, the European Union, the United Kingdom, or the United States (including the OFAC SDN list);
- Customer will not access or use the Service from, or make it available in, a country or territory that is subject to comprehensive sanctions or embargo applicable to us; and
- Customer will not use the Service in violation of applicable export control or sanctions laws, including to support activities those laws prohibit.
We may suspend or terminate access where continued provision would violate such laws.
18. Disclaimers
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GUARD.CH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL DETECT, BLOCK, OR CORRECTLY CLASSIFY ANY GIVEN URL, PAYLOAD, OR ATTACK TECHNIQUE, OR THAT VERDICTS ARE ACCURATE, COMPLETE, OR CURRENT. ANALYTICAL SIGNALS AND VERDICTS ARE PROVIDED FOR ANALYST CONTEXT, NOT AS A SUBSTITUTE FOR PROFESSIONAL JUDGEMENT. CUSTOMER ACKNOWLEDGES THAT INVESTIGATING A SUSPICIOUS URL IS INHERENTLY RESIDUAL-RISK ACTIVITY AND THAT GUARD.CH IS ONE LAYER IN A WIDER DEFENSIVE PROGRAMME.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR STATUTORY GUARANTEES. WHERE THAT IS THE CASE, THE EXCLUSIONS ABOVE APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW OF THAT JURISDICTION, AND CONSUMERS RETAIN THE WARRANTIES AND CONFORMITY REMEDIES THAT MANDATORY LAW GRANTS THEM.
19. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, ANTICIPATED SAVINGS, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS IS CAPPED AT THE FEES PAID BY CUSTOMER TO GUARD.CH IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR, IF NO FEES WERE PAID IN THAT PERIOD, ONE HUNDRED SWISS FRANCS (CHF 100).
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION DO NOT APPLY TO: (A) LIABILITY FOR UNLAWFUL INTENT OR GROSS NEGLIGENCE; (B) LIABILITY FOR DEATH OR PERSONAL INJURY; (C) LIABILITY UNDER MANDATORY PRODUCT LIABILITY LAW; (D) LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER MANDATORY APPLICABLE LAW, INCLUDING MANDATORY CONSUMER PROTECTION LAW AND LIABILITY TOWARDS DATA SUBJECTS UNDER ARTICLE 82 GDPR; (E) CUSTOMER'S PAYMENT OBLIGATIONS; OR (F) CUSTOMER'S LIABILITY ARISING FROM A BREACH OF SECTIONS 5, 6, OR 17 OR FROM ITS INDEMNIFICATION OBLIGATIONS UNDER SECTION 20.
20. Indemnification
Customer will defend, indemnify, and hold harmless Guard.ch and its officers, employees, and agents from and against any third-party claim, and any resulting damages, judgments, and reasonable legal fees, arising out of (a) Customer's or a User's breach of section 5 or 6, (b) Customer Data uploaded to or generated inside the workspace in violation of law or the rights of a third party, or (c) use of the Service to target a system or person without lawful basis. We will give Customer prompt notice of the claim, reasonable cooperation, and sole control of the defence (subject to Customer not settling any claim in a way that imposes obligations on us without our consent).
Where Customer is a Consumer, this section applies only to the extent permitted by the mandatory law of the Consumer's habitual residence; in any event a Consumer remains liable under the generally applicable statutory rules for damage caused by their breach of these Terms.
21. Force majeure
Neither party is liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, war, civil unrest, government action, labour disturbances, internet or upstream provider outages, and large-scale denial-of-service attacks. The affected party will notify the other party, use reasonable efforts to mitigate the impact, and resume performance as soon as reasonably possible. If a force majeure event prevents material performance for more than 30 consecutive days, either party may terminate the affected Subscription Term, and Customer receives a pro-rata refund of prepaid fees for the unused portion.
22. Changes to these terms
We may revise these Terms from time to time, for example to reflect changes in law, new features, or changes in our business. Each version carries an effective date; the version in force at the time a Subscription Term renews applies to that renewal. For material changes we will give at least 30 days' notice through the dashboard or by email to the billing contact before the change takes effect for existing Customers.
If Customer does not accept a material change, it may terminate the affected Subscription Term with effect from the date the change takes effect and receive a pro-rata refund of any fees paid in advance for the unused portion. Continued use of the Service after the effective date of a change, following the notice described above, constitutes acceptance. Changes that are required by law or that are purely beneficial to Customer may take effect immediately.
23. Mandatory consumer protections
These Terms are written for worldwide use. Nothing in them excludes, limits, or restricts rights or remedies that a Consumer cannot waive under the mandatory law of the Consumer's habitual residence. Where any provision of these Terms conflicts with such mandatory law, the mandatory law prevails for that Consumer, and the provision applies only to the maximum extent permitted.
- EEA and United Kingdom. Consumers retain their statutory conformity remedies for digital content and digital services, the statutory right of withdrawal described in section 10, and the protections of the GDPR or UK GDPR.
- United States. Consumers retain non-waivable rights under the law of their state, including state consumer protection and privacy statutes (such as the CCPA/CPRA in California). Users in California may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
- Switzerland. Mandatory provisions of Swiss law, including the Code of Obligations and the Federal Act on Data Protection, remain unaffected.
- Other jurisdictions. In every other jurisdiction, the same principle applies: mandatory local consumer protection law takes precedence over conflicting terms.
24. Governing law and dispute resolution
These Terms are governed by the substantive laws of Switzerland, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. This choice of law does not deprive a Consumer of the protection of provisions that cannot be derogated from by agreement under the law of the Consumer's habitual residence.
The parties will first attempt to resolve any dispute in good faith by direct discussion between the billing contact and [email protected].
If a dispute cannot be resolved that way, the courts at the seat of Guard.ch in Schmiedrued, Switzerland have exclusive jurisdiction. This does not affect mandatory forum rules: where applicable law gives a Consumer the non-waivable right to bring proceedings, or to be sued only, in the courts of the Consumer's domicile or habitual residence, that right remains unaffected.
25. Miscellaneous
- Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision is replaced by a valid provision that comes closest to its commercial intent.
- Entire agreement. These Terms, together with the documents incorporated in section 1 and any order form, are the entire agreement between the parties regarding the Service and supersede prior agreements on the same subject. In case of conflict, an executed order form prevails over these Terms, and the Data Processing Agreement prevails for data protection matters.
- Assignment. Customer may not assign these Terms without our prior written consent, which we will not unreasonably withhold. We may assign these Terms in connection with a merger, reorganisation, or sale of the business operating the Service, with notice to Customer.
- No waiver. A failure to enforce a provision is not a waiver of the right to enforce it later.
- Notices. Formal notices to us go to [email protected] or to the postal address in section 26. Notices to Customer go to the email address registered on the account or are shown in the dashboard.
- No third-party beneficiaries. These Terms do not create rights for third parties.
- Language. These Terms are concluded in English. The English text is the binding version, also where surrounding site content is displayed in another language.
26. Contact
For questions about these Terms or to send a formal notice, contact the operator below.
- Service name
- Guard.ch
- Operator
- Zesiger.net
- Legal representative
- Janis Zesiger
- Address
- Mügeri 340, 5046 Schmiedrued, Switzerland
- [email protected]
See the Imprint for the full set of registry identifiers and the competent data protection supervisory authority.