Yeah, it's 100% a poison pill. They clearly tried to craft an alternate TOS that would look reasonable at a glance to regulators and/or judges but that almost no serious companies would accept.
Even if you are just a small indie developer that's far too much risk for anyone offering free apps (or that might want to in the future). Imagine being the next flappy bird (over 50 million downloads before it got pulled) and suddenly being on the hook for $25,000,000.
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Yeah, it's 100% a poison pill. They clearly tried to craft an alternate TOS that would look reasonable at a glance to regulators and/or judges but that almost no serious companies would accept.
Even if you are just a small indie developer that's far too much risk for anyone offering free apps (or that might want to in the future). Imagine being the next flappy bird (over 50 million downloads before it got pulled) and suddenly being on the hook for $25,000,000.