I truly do believe, as do you, that the TOS and Warranty world is another desperate subject from where the execs/lawyers/owners of the company desire to eek every penny.
There are many other realms where the TOS is simply: use the thing, have fun with it, if you want to tell us about yourself, press this button/fill in this card. For sure, consumers 'never read the TOS', because - hopefully - the device is now set up, everything works, it is time to rock ..
For sure, tech can be used against the user. But it can also work for the user, too.