This would make more sense if email was 100% guaranteed to be delivered. Not sure if this angle was argued, but just like regular mail, just because something was claimed to be delivered is not enough to prove that it was, hence the existence (in the US) of certified mail and signature return receipts.
TOS updates almost always go to junk/spam. So delivered doesn’t mean seen, nor having a reasonable chance of being seen.
You often don’t determine what goes to junk, that’s decided by thousands of other people and the email provider. Junk folders often auto delete so there’s no recovery.
