> It's a civil suit, so you don't have to have broken the law.

Yes, you do.

> Breaking a contract or ToS is enough.

Breaking a legally binding commitment in a contract is breaking the law which makes it binding, and breaking a contract otherwise isn't sufficient for legal recovery; breaking a ToS is only sufficient for success in a civil suit if and to the extent some law makes it so.

No, this is not at all how civil law works. The main difference between a criminal offense and a civil offense is that a criminal offense will be pursued by the government, whereas pursuing a civil offense is the burden of the 'victim'. And civil cases tend to involve relatively small sums of money where the defendant will often just have to pay off the suffered loss - jail time is not a possibility, whereas criminal cases often involve punishment which can include jail time.

And most importantly, civil law is still a series of well defined laws. You can't pursue a civil case on a whim, there needs to have been some law that was broken. As somebody else also mentioned breaking a contract or a ToS would only be a civil violation if breaking the contract or ToS specifically violated some civil law. There is no civil law that makes breaking a contract or ToS inherently unlawful.