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It's not an opt-in if it's a condition of using the service. If "by using this you agree to" is an opt-in, then the definition of opt-in is meaningless.
The "opt" stands for optional. This wording is not describing an optional feature.
If thing A is optional, and thing B is permanently attached to thing B, there are a couple of ways to express this relationship. One could say "Thing B is non-optionally attached to optional thing A". One could also say "Thing B is optional, but bundled with thing A".
Some might say "Thing B is optional", because thing B is attached to thing A that is optional, and their inseparability does not change this characteristic.
I understand where you're coming from. It would be really awesome have privacy-respecting to have an "opt out of all tracking forever and just let me have the service" button, without which there's really no option at all. That's a strong, principled, justified, and completely valid position.
Yet, it's perhaps possible that different vernacular readings of the word might arrive at different, though equally valid, positions.
Well, yes, and that's an opt-in.