Terms & Conditions checkbox doesn't show up

[CreamyG31337]

If terms and conditions are enabled and active there should be a checkbox to accept them on the checkout page. If I add a 'purchase order' payment option, the checkbox shows up as expected. It doesn't show up for the shapeshift payment method even when this is the only enabled payment method.

It should look like this:

I'm experiencing this issue with the default theme and Magento v2.2.3

If you want to reproduce this, add something under stores > terms & conditions and then for the settings in stores > sales > checkout enable onepage checkout and terms & conditions.