That would invalidate - partially, at least - those accountability-waiver and acceptance and acknowledgement that there could be defects clauses you will find i

That would invalidate - partially, at least - those accountability-waiver and acceptance and acknowledgement that there could be defects clauses you will find in the terms and conditions of nearly all modern software. If it is being monitored and continuously optimised, then the consumer should be safe to expect the moon and have options for recourse if the condition or functioning of the software does not reflect what the reasoning for gathering all this telemetry implies, and what the possession of the data would allow for. In summary: we do this so we can do that, but then not actually delivering on it don't fly