This isn't even a close call. Tesla is not going to burn bridges with customers over $3,000 if FSDC becomes an issue. They provided a list of features, priced it at $3,000 and sold it. They either deliver or provide the refund. Very simple.
But they have never said when they would deliver the feature, and they said subject to regulatory approval. So they could continue to just say we are working on it forever and never refund anyone.
How about this example: You buy your car, pay for the EAP+FSDC options, and you total it before they even release the EAP feature set. Do you think they are going to refund you even a penny? Are they going to apply that money toward the next car you buy? No and No.