I'm not sure which comment you're talking about, but falcolas' comment specifically says "...since there is no legal contract..." - the comment is clearly talki

I'm not sure which comment you're talking about, but falcolas' comment specifically says "...since there is no legal contract..." - the comment is clearly talking about a non-legal "need" for Facebook to treat it's users well. This has nothing to do with ToS. If someone says Facebook "must" do something, it doesn't necessarily mean that they're implying a legal requirement. It is more likely that they're talking about something that, in the opinion of the commenter, is required to stay successful long term - regardless of the legalities.