Play a pirated nsp on a online sysnand and will get banned sub 30days. Meanwhile iv been playing games online in cfw for years now, save editing, running sysbots, running cheats ect and nothing. Same can be said for many users on here, all my friends and acquaintance, all the acnh and pokemon sellers ect. If it was all equal, all acts would yield the same punishment, which obviously isnt the case.. Which Also proves the tos varies.
Your data is wildly incomplete, people arent shouting from the roof tops that they haven't been banned for save backups, only occasionally. Your data is pulled from only 1 side.
Perhaps make a post and ask who all uses save editing in sys cfw and hasnt been banned. I guarantee it will outweigh the banned heavily