That bar would require infinitely good software on the hardware. Then it will be your device. Otherwise, they will constantly need to improve it. then it will be their software on your device.

Would you consider Microsoft Windows or Linux infinitely good software? The scenario described by the GP applies 100% to most personal desktop and laptop computers.

I don't think it matters if it's their software on your device, just like it's their chips inside the box. The key is that you choose whether or not to buy the product, or install their software.