We make it legal when we click agree on the TOS

That's a very common and harmful misconceptions in our society. But, besides the fact that laws can make abusive terms illegal (and do), it is also very bad for the economic system in general because it increases the transaction cost for the consumer (time, hassle or wrong product choice).

The consumer now has to worry not only about choosing a decent product, but also about ways the company could extract value from them without being transparent about that, or by hiding a clause in their TOS.

Could you imagine how much slower and inefficient the economic system would be if we were expected to read every TOS of every software we install and every single service we sign up for?

No, this is not fine. Do not accept bullshit terms meant to extract value from your pocket at no marginal cost for the business or no benefit to you as a consumer.

PSA: Clicking "I agree" does not automatically make terms legal or enforceable.

You're always free not to use any kind of recent software and throw your computer in the bin. Consumer choice alright!

It doesn't mean the TOS should be legal though.