Thanks for your reply, please excuse my lengthy explanation in advance.
Yes, I have contacted the developer and they don't seem concerned their app/game allows consumers to make "speed up/flash" upgrades to continue uninterrupted use/play in theory even though in reality they execute unscheduled "maintenance" allowing purchases but prevents use.
A better "example" is you pay a premium fee on top of normal fee for an ADVANCE showing of a movie at an earlier time. Then, after your premium ticket purchase is made, the ADVANCE showing is unavailable duevto maintenance so you still wait and see it at normal time but paid $19.99 extra. It isn't until AFTER you make the purchase that the maintenance issue appears. I chalked the first time up to my gaming inexperience with a brand new app & coincidence; but the second time in 24 hours prompted my contact to change from just a question to a request for a future credit. Sadly, they don't see an issue since I still got to see the show. I explained it is effectively a "bait and switch" but the response is that I still got to see the show so no credit or consideration is due. I hesitate to name the game as they obviously have substantial $ backing since it is being heavily advertised on national television. I'm sure we'll hear more about it since upgrade "packs" can cost up to $99.99 each. Thank you again for your timely reply and the opportunity to comment.