It isn’t about how small the text is or how easy it is to skip. Humans are not transformers with multiheaded anttention. Human brains do not process one million tokens in parallel. Humans have caloric constraints and will be annoyed if you ask them to process irrelevant information.
Therefore, when showing something to humans, the first thing they see should be the first thing you want them to see. And since this is a demo, the first thing they see should be the demo, with sane defaults, above the fold.
Also, it is likely that no one (including the author) has read this “fine print” because it includes incorrect information. GPT-4 isn’t a frontier model anymore.