You are correct that it is all hypothetical based on who is responsible. However, you are incorrect that this is related in any way to Google's own T&Cs. The

You are correct that it is all hypothetical based on who is responsible. However, you are incorrect that this is related in any way to Google's own T&Cs. The post links to the Mocality T&C page and says whoever is responsible is violating the sections mentioned in the paragraph I quoted above.