(edit: looks like HN is severely limiting my reply rate so apologies for delays)
We're trying to focus on frustrating pages/experiences rather than number of network calls and such, because while the latter is correlated, the former (frustrating slow experiences) is really the bar and the higher priority.
In terms of the ToS I'm not from legal so can't say (still looking into it), but have definitely had conversations with users on public forums about performance issues, and afaik no one has been accused of violating their ToS.
(edit: since I can't reply due to HN limits I'll try to add some stuff in this edit)
------- @plorkyeran "target things that are easier to fix than those with highest impact" -> this is a good point and something we're trying to do. Engineers know the former (easier to fix) pretty readily, but identifying "highest impact" requires some work, so I'm (as a PM) always trying to find out. It's of course some combination of these two (low hanging fruit, high impact items) that forms the priority list.
------ @igetspam (moved followup into a reply to trigger notification)
------@core-questions "perf to take over company for 6mo-1yr" I'm not in the position to make that level of decisions, but can certainly pass the feedback up the chain. The perf team is trying their best though, so any info anyone can provide us can help us apply our resources in the right place