1. What to the investors think the terms mean.

2. What does the service provider think the terms mean.

3. Can the difference between 1 and 2 be construed as a violation of a contract.

4. If 3, is it possible to discern unintentional vs fraud.

I used reddit because it so easily demonstrates the different tiers of the 1% rule[1], except with reddit there are un signed in users, signed in users who don't do anything, only voters, voters and commenters, people who submit, and "power users". I don't know the details now (and reddit has changed a lot), but last I checked they seemed to descend in numbers by about ~10%. This would be a place where you could easily portray a very different ecosystem than reality, intentionally or not, simply by categorizing the users as "active" or not, and how you're characterizing the value you're getting from them.

[1] https://en.wikipedia.org/wiki/1%25_rule_(Internet_culture)