After some testing with the usb link and the v3.1 i have found two issues with the software
1.Strange characters on the interface which is actually chinese as the default even when changed to english the characters are still wrong in some settings especially motor temp cut off and esc temp cut off.
I did many upgrades and downgrades on the v3.1 with no issues so the software was not the issue when upgrades were done and the esc would not connect to esc.
So conclusion is a small batch of v3.1 with defective roms so if you experience the esc being locked it means the burned in factory settings are lost so please return your esc to your place of purchase to be fixed.
Thanks guys and happy racing and thank you for your loyalty.