I'm assuming that "but" is more of an "and", since I'd say that detail increases the involvement and liability of the LLM-vendor.

Another aspect is how the vendors have already built in things to defend themselves from unanticipated model behavior. That implies something about their awareness of the issue and raises the bar for what constitutes "reasonable" precautions.

Kind of like if someone selling you a dog shows up using anti-mauling body armor, and later they try to claim "nobody could have known" the dog was erratically violent.