Terms and conditions

Neptune Theme for HubSpot - Terms & Conditions

These Terms & Conditions ("Agreement") constitute a legal agreement between the purchaser ("Customer" or "You") and RNL Creatives ("Provider" or "We") regarding the purchase and use of the Neptune Theme for HubSpot ("Theme") available on the HubSpot Marketplace. By purchasing and/or using the Theme, you agree to be bound by the terms and conditions outlined herein.

1. License Grant
1.1. Subject to the terms of this Agreement, Provider hereby grants Customer a non-exclusive, non-transferable license to use the Theme solely for Customer's internal business purposes.

1.2. This license is limited to a single HubSpot account owned by the Customer. The Customer may not distribute, sublicense, lease, rent, loan, or otherwise transfer the Theme to any third party.

1.3. The Customer acknowledges that the license does not grant ownership rights to the Theme. Any unauthorized use or violation of this Agreement will result in immediate termination of the license.

1.4. No ownership rights are transferred to the Customer as part of this Agreement. The Customer’s rights are limited to the use of the Theme as permitted under this Agreement.

2. Intellectual Property
2.1. The Theme, including but not limited to its design, code, graphics, and documentation, is the intellectual property of Provider and is protected by copyright laws and international treaties.

2.2. Customer acknowledges and agrees that nothing in this Agreement grants Customer any right, title, or interest in or to the Theme except for the limited license expressly granted herein.

2.3. All derivative works, customizations, or adaptations of the Theme are the sole property of Provider unless explicitly authorized in writing. Unauthorized alterations shall constitute a breach of this Agreement.

3. Restrictions
3.1. Customer shall not modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Theme.

3.2. Customer shall not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices appearing on or in the Theme.

3.3. The Theme shall not be used to engage in or promote any illegal, unethical, or unauthorized activities, including but not limited to spamming, phishing, or distribution of malicious content.

4. Support and Updates
4.1. Provider shall provide reasonable technical support to assist Customer with any issues related to the installation, configuration, and use of the Theme via email.

4.2. Provider may, at its sole discretion, release updates, upgrades, or patches to the Theme. Such updates shall be provided to Customer at no additional cost during the term of this Agreement.

5. Payment
5.1. Customer shall pay the purchase price for the Theme as specified on the HubSpot Marketplace.

5.2. All payments shall be made in the currency specified by Provider and are non-refundable.

5.3. All sales are final. Refunds shall not be issued under any circumstances, except where required by law.

6. Term and Termination
6.1. This Agreement shall commence upon Customer's purchase of the Theme and shall continue until terminated as provided herein.

6.2. Provider may terminate this Agreement immediately upon written notice to Customer if Customer breaches any provision of this Agreement.

6.3. Upon termination of this Agreement, Customer shall cease all use of the Theme and destroy all copies of the Theme in its possession or control.

6.4. Provider reserves the right to request proof of compliance with termination terms, including destruction of all copies of the Theme.

7. Limitation of Liability
7.1. To the maximum extent permitted by applicable law, in no event shall Provider be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising out of or in connection with this Agreement.

7.2. The Theme is provided 'as is' without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Provider does not guarantee that the Theme will function uninterrupted or error-free.

8. Miscellaneous
8.1. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

8.2. This Agreement shall be governed by and construed in accordance with the laws of South Africa.

8.3. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of South Africa.

8.4. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

8.5. Provider shall not be held responsible for any delay or failure in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, internet outages, or changes in third-party platform policies (such as HubSpot).

8.6. Any failure by Provider to enforce any provision of this Agreement shall not constitute a waiver of its right to enforce that provision or any other provision at any time.

8.7. Customer agrees to indemnify, defend, and hold harmless Provider, its affiliates, and its employees from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or related to:

(a) Customer's use of the Theme in violation of this Agreement,
(b) Customer's breach of any intellectual property rights of third parties, or
(c) Customer's modifications, misuse, or unauthorized use of the Theme, including any breach of third-party platform terms of service or applicable laws.

8.8. Provider is not liable for any incompatibility, functionality loss, or errors arising due to changes made by HubSpot to its platform, systems, or policies.

By purchasing and/or using the Neptune Theme for HubSpot, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. If you do not agree with any provision of this Agreement, you may not purchase or use the Theme.