Life by design is rigged and there is little we can do to change it. Natural selection may help with some problems, but it is also cruel in its nature. Knowing it does not mean we should not try to make the world a better place, we should. But there are fundamental limitations like IQ, free will, laws of physics etc that we should not forget about. Going back to the ToS problem, they could probably offer a more expensive version with a ToS aimed at more demanding customers, so that they could opt out by paying more. I think it would be fair.