There is a difference between "available to police, not retroactively, and only with a valid warrant" and "available to any government agency constantly and in bulk, as well as to data-collecting commercial entities, Russian and Chinese hackers, and their dogs". Don't you agree?
They're not being as transparent as possible in their marketing, which is at odds with their allure of security.
We are trusting they wouldn't comply or no one would make that request?
This is the benefit if being located in Switzerland, where banking is one of the main pillars of the economy and which historically has been much more supportive of personal privacy than most other countries.
They eventually caved under US pressure on some things, so it's not such a "haven" as it used to be, but I believe it is still the country that respects individuals' rights the most.
Not perfect by any means, just better than most others.
They tout that off-by-default statement on their homepage, underneath the header of "Anonymous Email," with the closing sentence of "Your privacy comes first."
So why even market that? It provides no meaningful security.