- You agree to the letter of the ToS when you click "I Agree" when you set up the iPhone,
- You also already agree to the spirit of the App Store when you buy it. After all, it's not some big secret
- You can get by with webapps for the most part anyway
- You can buy an Android, a flip phone, or pull a power move and have no phone
Buying an iPhone and then demanding that it has to work differently is acting in bad faith IMO.