Anthropic does a somewhat similar thing. If you visit their ToS (the one for Max/Pro plans) from a European IP address, they replace one section with this: Non-commercial use only. You agree not to use our Services for any commercial or business purposes and we (and our Providers) have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. It's funny that…
Software in general has disclaimed any warranties or fitness for purpose for as long as I can remember. This is nothing new.
This is not such a disclaimer. If Copilot fails its purpose of entertaining you, you can sue. /i