Considering that they're making a specific claim about their usage and then using the access you provide to gain additional data in excess of what you approve,

Considering that they're making a specific claim about their usage and then using the access you provide to gain additional data in excess of what you approve, does this constitute hacking (and hence cybercrime)? At first blush, this seems indistinguishable from social engineering installation of an application that steals data -- massively done against thousands to millions of victims. I suppose that would make this website one of the larger hacking groups in the world.