For the creators of the utility, sure. I'm pretty sure everyone gets that. However, whether other people violate TOS or not, anyone deciding to use it for something other than what the TOS says is acceptable puts themselves at risk. The risk isn't really by the AI software creators; I doubt any of them would try to sue someone over misusing their software. The actual threat is from whatever government authorities may catch wind of what they're doing. So the risk might be minimal / nonexistent in some jurisdictions while being very real and serious in others.
I do find it humorous that you think others doing something gets anyone off the hook. "But officer, look: he killed my buddy next to me. Obviously hunting him down the next day should be fine, right?" What a silly excuse for knowingly violating an agreement and potentially the law. Not to mention, this violation is just a tiny bit more serious than, say, playing unlicensed music at a wedding or something.
Your points are not invalid, I just think they are a bit unrealistic. My mention of all the other porn made with AI software already out there has nothing to do with
justifying one act by pointing out that other people also did it, but as clear evidence of the fact that
nobody seems to give a hoot if users are using the software for porn purposes, and that TOS's are therefore nothing more than a (weak) firewall to try and limit legal action against providers ("Hey look, we said they shouldn't do X so how can you blame us if they did X anyway?")
Now,
I don't know anything about whether different AI puts any sort of a digital watermark on the output, which might be a deterrent to users to some degree. But - again - given that there is so much material already out there I have to conclude that there are at least
some AI options that don't, and so people making porn use those. But your POV sounds more like you are concerned about the "right" or "wrong" of porn, since your focus is on the minutiae of small-print legal language whose actual legal relevance would vary across the thousands of different legal jusrisdictions around the globe. If you have issues with porn, I think maybe you are in the wrong place? If not, it's great that you seem to care about the well-being of AI users out there using it to make porn, but I'm sure they know what they're doing and can make their own choices without either of us in their ears.