I suppose the situation here is quite similar to that of an internet service that is too slow or intermittently unavailable. The internet service operator is always given the opportunity to fix the issue, although you may be entitled to compensation if the service is down for a longer duration. The quality of the service can also wildly vary and still be deemed acceptable. Of course, the contracts also do not promise 100% uptime and the speeds come with the qualifier "up to ". Similarly Origin terms of service does not guarantee that the service is always available. The product itself isn't defective, at least in the legal sense (as a side note, software bugs are rarely if ever grounds for a refund).
The difference is though that the gaming service is a single time, upfront payment. Even though there is a delay in the performance (if it's completely unavailable), if the issues get fixed in a reasonable time frame, the buyer does not suffer any real damages arising from the delay. The gaming service provider might even argue that the buyer couldn't reasonably expect to get flawless service at this price point, because similar products that do not have service elements aren't any cheaper (yes, few gamers think the service adds any value at all to the product, but running the service does cost money).