If their company isn't folding they need to refund 100% of the money they raised from Kickstarter. There is a clear expectation of Kickstarter being a pre-order

If their company isn't folding they need to refund 100% of the money they raised from Kickstarter. There is a clear expectation of Kickstarter being a pre-order system no matter what the fine print says. I bet if the backers sued them they'd get a judgement in their favor.