Isn't this how all ToS work though? They all contain some clause that says "actually we reserve the right to do whatever we want whenever we want and everything you read here is meaningless"

Yep, and that's why physically defeating the device is always better than relying on the other party to honor their word. Disconnect the wireless module/board and they can't send your data.

I've physically disconnected the modem in my Audi, though when it goes to the dealer for a service (still under extended warranty) I cannot help but imagine that they download the data.