Saying that something is against ToS means little, ToS are always extremely overreaching because they want to have as much room as possible to ban at their own discretion.
If the devs didn't want people to use ACT they'd take action against it, they only have it in the ToS so that they can ban people for harassing others with it or whatever.

This is just how ToS works not just in this game but overall.
They're never intended to be applied to the letter, if that was the case then people wouldn't be talking about using it openly and stream with it on.