Automatic creation of user accounts in Commerce

Kind of similar to the Ubercart issue: http://drupal.org/node/1095592

A new user is created by Commerce automatically via Rules which are used to set any other fields on the new account. Rules seem to pull manually created mandatory fields on the user account into its 'create entity' configuration, but the tick box added by Legal is not there. This tick box is not available as a field to Rules either, so there doesn't appear to be any way to set the acceptance of T&C here.