For example, say the next iOS TOS agreement says that any users who accept are subject to have their bank accounts drained and we all go on using our iPhones as usual and they took the money. Would that be legal?
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No, and from what I’ve seen most legal cases revolving around TOS or a EULA tend to be handled from the point of view of what’s “reasonable,” for the average person to assume/understand.
For example, if you’re a game developer planning on selling your game, it might be considered reasonable that you brush up on the part of the EULA of your game engine (Unity, Unreal, Godot, etc.) that deals with selling your game.
It’s also reasonable that the average user can assume things like “If I use my iPhone to commit an act of terrorism, Apple inc. is not legally liable,” or “If I put my iPhone in the toaster, Apple inc. is not at fault for it breaking.” In this case, the TOS or EULA just solidify these common sense things in a way which they can be brought up in court if some idiot does try to blame Apple for these things.
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