That's not semantics, it's facts.
it violates the MFGs conditions for using it. Explicitly.
And for reasons beyond "liability" too.
if you want to make up things I never claimed, go for it... oh, wait, you just did
THAT said. We do know when there IS an accident, Tesla has records of what the car was doing. And often reports data like if EAP was engaged or not- if the driver had ignored any warnings before a crash, etc.
So it's certain they'd also notice, and report, the vehicle was using a feature on public roads they explicitly state is not for use on public roads, and which disables numerous basic safety features of the car.
This information wouldn't really change their liability- but might well change that of the driver.