No, the intent and the consequences of an action are generally taken into consideration in discussions of ethins and in legislation. Additionally, this is not just a matter of ToS. What OpenAI does is create and distribute illegitimate derivative works. They are relying on the argument that what they do is transformative use, which is not really congruent with what “transformative use” has meant historically. We will see in time what the courts have to say about this. But in any case, it will not be judged the same way as a person using a tool just to skip ads. And Revanced is different to both the above because it is a non-commercial service.