So, the million-dollar question, potentially literally given Nintendo’s infamous legal department, is whether or not using a flash cart on your Switch would get you banned. The answer to that is a bit murky since the developers of the MIG Switch can’t speak for Nintendo or its policies. That said, your odds of being banned are generally lower as long as you adhere to certain rules.
The most important thing is that the MIG Switch is only intended for backing up games that you have legally purchased. Every Switch game cartridge has a special identification code that marks you as its user while playing online. If you’re using the MIG Switch in lieu of your actual copy while playing online, that should be fine. If you attempted to pass the copied version to a friend and both of you went online at the same time, Nintendo’s servers would swiftly ping the same cartridge running in two places, which is an immediate ban flag.
It’s also worth noting that different countries and territories regard the process of game backups differently. Flash cart use is still a gray area in the United States, for instance, whereas in the United Kingdom, following a 2010 lawsuit, the use of flash carts is completely outlawed. You’d do well to do some research on local copy protection laws before you attempt to use a flash cart. Even if you don’t get banned, you might get sued.