Apple and friends will do their best to avoid a ruling and laws which could establish this interpretation because it would end their practice to terminate accounts with the reason "Computer says no".

When contracting with consumers these companies should be forced to be liable and accountable for their algorithmic decisions and arbitrary policy enforcement.

That wouldn't be unreasonable at all. "They clicked the accept EULA button" is not a valid excuse.

Pretending that consumers are able to negotiate a fair contract with Apple is denying reality.