Heres the thing about the ToC and licenses:

Bots aren't people and can't read nor consent. They just consume.

Any page which can be served without first displaying a ToC or other terms which explicitly prohibit access is not protected by a ToC or other license from scraping, as they can be considered a Point of First Contact in each case, as the bot has selected each link from a simple aggregation of all links it encounters (each interaction being "new" in essence).

Now it could be argued that ignoring robots.txt is an explicit contravention of norms and standards which could be viewed as a violation of an implicit licence, but there is no law requiring adherence to robots.txt and thus no mandate that a program even look for it iiuc.