It doesn't matter what your ToS said at the time of purchase, no one is going to be refunded 50-60 BTC. It's absurd to even wish that could happen. You're going to get $5600 (or whatever you paid in USD) back and that's it.
Where were you when they were claiming thats exactly what they'd do? I don't recall any posts from you on it then. I suppose you are not actually a HF customer and instead bought from their competition without these "absurd" claims, at 1/5th the price?
Why do you think it absurd? If they'd collected the coins and sat on them after all, they say their fabrication was paid for by investors not by spending preorder money then they could easily return them.
Or do you mean its absurd in that they're now sitting on millions of dollars of other people's coins which they obligated themselves to return but can plausibly escape doing so without consequence because of the cost of a legal fight and the possibility of them spending themselves into bankruptcy first, and so it would be "absurd" to honor their agreement? Is that what you mean?