There is no such things as "clearly agreed to by all parties" when it comes to end users. Companies provide a one-sided, "take it or leave it" EULA, and if you don't agree to everything in it, you don't use the product. There is no meeting of the minds, there is no negotiation, and there is no actual agreement. It's a rule book dictated by one side.
You can't just bury literally anything in an EULA. There's a fair amount of case law establishing that EULAs clauses that are surprising or illegal aren't enforceable.
There is the GDPR.
Then it's not a valid contract and therefore does not absolve them of criminal liability for stalking you.