Earlier quoted context omitted.
Perhaps, but I'd imagine that semantically, "by default" negates that since this is clearly not a default situation.
Stop trying to defend indefensible behavior by getting hung up on semantics. I, for one, will not renew my ProtonMail account if that's their status quo.
Sure, the law would (hopefully) be changed, but at the moment, this is the best they can legally do?