We make it legal when we click agree on the TOS
The consumer now has to worry not only about choosing a decent product, but also about ways the company could extract value from them without being transparent about that, or by hiding a clause in their TOS.
Could you imagine how much slower and inefficient the economic system would be if we were expected to read every TOS of every software we install and every single service we sign up for?
No, this is not fine. Do not accept bullshit terms meant to extract value from your pocket at no marginal cost for the business or no benefit to you as a consumer.