Is this a serious question?
If you have launched any cfw on your console and played even 1 pirated game or ran one homebrew app..... then you have definitely modified your console.
This isn't rocket science. If you executed a "hack" then you broke the rules. You might get caught.... you might not.... This depends on the user.
I have only launched about 5 games or so on .xci format. I am a paying member of the Nintendo Switch online service. I have original games *not dumped* and play from cartridge without trouble, can get game updates directly from OFW. I have never installed/played a .nsp file on my system *a pirated one*, because I own several of this purchased from the eShop.
I was planing to delete all traces of any file associated with SX OS, or .xci files such as game saves and data files. Then, proceed to the update to the latest firmware on OFW...and then after that being okay.
But now I am concerned since you state everybody is in risk of getting banned when updating from OFW, even after doing all the steps I mentioned and without even played pirated .nsp files!