If project failed its developers should refund ICO!
(At least in   the larger part)  - if no refund - I think devs behaviour could be considered scam -
So I think if ICO is planned it should be prepared scenario what devs will do if project unscuccessfull
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Refunding after ICO failing is the must. If that is not done then they are a scam like many other.
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well, I did not received my ETH invested back, so for me IMMLA is a SCAM, yes.