The issue here is you have to think like a lawyer trying to weasel out of making an empirical statement.

For example "We didn't change any settings, but when GPU use gets high the run time of a prompt is lessened. But you must remember this is always in effect so nothing changed at all. This happens occasionally on random prompts some of the time, and when it's busy it happens all of the time".

In someones eye this would fit the letter of the law but not the spirit of the law that you hold.