Doesn't that seem like an unrealistic solution? If you actually start suing customers over terms of service, you're going to rapidly alienate your customer base.

As a generally reasonable person, I have no interest in submitting anything more official than a valid credit card number to any company for lack of any legal need.

It seems like it would be wise to avoid any pretense if you want to start selling covert tracking as a premium feature. Either do it or don't, but don't try to offload the moral implications onto your customers by "policing" them.

One day some bored and rich person might call you on it. You’d have to sue and win otherwise it will make it harder for others to take the claim seriously.