> - You agree to the letter of the ToS when you click "I Agree" when you set up the iPhone,

I reject that argument.

For start ToS may have unenforceable claims (if someone puts that I agree to give all things I own to them into ToS it has zero effect).

Also, at this point I dispute that ToS clickery should be treated as agreeing to them. "I have read and agree with ToS" is a blatant lie in at least in the first half.