I agree, they should definitely be called out for it. However, I also believe a little grace and understanding from the users is called for. They're a small team trying to do their best, and they've taken concrete steps in the past demonstrating their committment to customer service (i.e. not charging you for a month if you don't use your subscription).

I will admit that I do have a reflexive allergy to conspiracy theories when people jump way over Occam's Razor to get there with little to no evidence, and saying that Kagi is just a "scam" is firmly in that boat IMHO.