Thanks for being openminded. I can understand this tool can be controversial. However, there are different views on ownership of bitcoin.
One could argue that if you use this tool you already have access to the bitcoin linked to it, this just facilitates some automation.
Also there have already been discussions where some consider just having the keys equals legitimate ownership (your keys, your bitcoin) versus others who have a different view on this. I leave this viewpoint open for the user. The disclaimer is to point out I am not responsible for the interpretation of the user.
Regarding your question, indeed it is first-come-first-serve. I should probably add that info on the website!