> Nothing in the contract promises capability or performance.

Taken to its conclusion, Anthropic could silently replace Opus with Haiku quality internals and you'd have no recourse. If that sounds absurd, that's exactly where the legal argument lives. Mandatory consumer protection provisions like on misleading omissions cannot be waived by clicking "I agree." Withholding material information about a product you're paying a premium for isn't covered by T&Cs. It's the specific thing those laws were written to address.