> you could start consuming APIs with free tiers immediately, without first visiting a site and signing up
I’m yet to see a website that provides an API and doesn’t have a ToS that you have to agree to. Unless you control both parties, or you expose your service only to pre-vetted customers, there is no legal department that is going to allow this.
you put as part of the claims in the jwt that you agree to the TOS (may be something like { ... TOS:www.service.com/tos.txt, TOSAgreed:true ... }), which you sign. Then this is an explicit agreement from you as a client.