Lying requires intent. There is no way Simon intended to lie, because on August 9, 2013 he did not know BTC would suddenly explode in value, making full BTC refunds impossible. Are you saying Simon is psychic, or controls the price of BTC? Do you know how crazy that sounds?
Simon is no idiot. Of course he knew it was possible for bitcoin to skyrocket. He knew full well that the price of bitcoin could go up, making BTC refunds impossible. Promising full BTC refunds was therefore a lie.
It was also possible for BTC to collapse. So what? In early August 2013 BTC had stabilized at around $100.
Common sense (and any competent lawyer/law school student) should tell you that statement was made ceterus paribus. Don't speak Latin? Look it up!
The ridiculous
No Matter What Even If BTC Goes To One Million DollarsTM interpretation was motivated by pure greed, defies financial/legal reality, and cost many people their opportunity for a 105% refund.