You are right, this element wasn't in the terms of service before, this is the part they added. The fuss about it has appeared on chain but I can imagine you didn't see that.

When you look up that page on The Internet Archive with Javascript turned off to avoid the page refreshing to an empty page, even as short ago as end January 2020, you see that 14.1 only has 6 points. As late as 2020, in fact up to the purchase by Justin Sun.