This is like when people think they can hack around a stupid law by using some technicality.
It doesn't work like that. You will be convicted anyway, even though you found that watertight crack in the law that means you didn't, technically, break it.
Once Apple discovers how it is being used it will be banned. It doesn't matter what gimmick is used to camouflage the intended functionality. Or if you found a flaw in the TOS that means they should allow your app, they will ban it anyway, and maybe update the TOS, if they feel like it.
Nailed it.
I was convicted a couple of years ago for "careless driving", even though I proved in court that I was in control of my vehicle the entire time, presented a "TSB" (technical service bulletin) showing that my model of vehicle had a known issue that could cause the brakes to seize, and I actually managed to avoid rear-ending the car in front of me, hitting an oncoming semi, or creaming the kids waiting for the school bus across the road. Because of all that, my truck ended up upside-down in a culvert - not a single piece of glass broken, and I was unhurt.
The judge told me, and I qoute: "I believe your driving wasn't the cause of the accident, and I'm going to give you the benefit of the doubt since you did all you could not to damage anyone else's property... so I'm going to judge you guilty and seal the verdict so your insurance rates don't go up. You can pay the clerk on your way out."