I don't mean to talk in place of Ashley but what I think could be a solution is:
you send your capx to him, he can look at it and test it, and if he admits your game can't be optimize at all without entirely changing the gameplay, maybe, he can refund your license.
But please don't take my word for it, it's just an idea. The problem with refund, is that he can't really inactivate your license file. So I'm pretty sure it's not something really possible.
But at least, it would answer one important question: can your game be made to work on today's smartphones.
Because up until now, except for angry useless provocative talks, nothing really changed. And I'm pretty sure that between a working game and a refund, you would rather prefer a working game.
We don't really know if your low fps is a result of your inexperience, or really a too demanding design.
If Ashley doesn't really have time to look at it, I'm pretty sure, you can send your capx to some of the guy here who proposed to help and have more than 2,000 Rep (which means they are pretty active here, so well known, so usually trustworthy and no thieves).
We usually prefer to work on our own idea (:
I would gladly propose to help, unfortunately I don't own any smartphone to test anything, so it would make things a bit hard.
I could still look at it if there are obvious flows, but not much.
Once again, please try to not get angry over people trying to help (: