Also not a lawyer. I'd think there's a level of interpretation to the enforceability of a given clause if it's not adequately exposed or is unconscionable in fairness. I'm guessing it's not so easy as clickwrap = rock solid contract.
Sure if a majority of users expect apps to not steal your data or misuse your internet connection.
Sadly this isn't the case anymore. The layperson is distrustful by default and can only rely on the more astute to blow a whistle. Even a judge would just say to not install apps that aren't critical to your everyday life and be done with it. Nobody has the time to swat at flies.
