> Have you read terms of service of Android devices?

Don't remember agreeing to any ToS before (or after) factory reset, put SIM card in a phone, and start using it. Granted, it's been a while since I last bought one.

And no, "by using you agree to ToS" is much like a shrink-wrap EULA for boxed software: doesn't fly in many jurisdictions. Explicit consent to do anything that violates users' expectations, is important here.