Terms & Conditions
Terms and Conditions
1. Introduction
These Terms and Conditions (“Terms”) govern your access to and use of HubSpot website themes developed and published by West Penn LLC, a Florida limited liability company, doing business as Drive Agency (“Company,” “we,” “us,” or “our”).
These Terms apply to all HubSpot Marketplace themes published by Drive Agency, including but not limited to: Generator, Generator – Free, Accelerator, Magnetic, Momentum, Finest, Encompass, Interactive, Designly, and Mortgage (collectively, the “Themes”).
By installing, accessing, or using any of the Themes, you agree to be bound by these Terms. If you do not agree, you must not use the Themes.
2. Intellectual Property Rights
a. All Themes, including their design, layout, structure, source code, modules, graphics, documentation, and related assets, are the exclusive property of West Penn LLC and are protected by applicable intellectual property and copyright laws.
b. Except as expressly permitted under these Terms, you may not copy, modify, reproduce, distribute, sell, sublicense, lease, or create derivative works from any Theme or its components without prior written consent from West Penn LLC.
c. Installation of a Theme does not transfer ownership or intellectual property rights to you.
3. Theme License and Usage
a. The Themes are designed exclusively for use on the HubSpot platform and are subject to HubSpot’s Terms of Service and Acceptable Use Policy.
b. You may use the Themes on your own HubSpot website(s) for personal or commercial purposes, subject to the license terms provided at the time of installation or purchase.
c. You may not resell, redistribute, sublicense, or make the Themes available to third parties as standalone products or as part of a competing offering without prior written authorization.
4. Support and Updates
a. Support availability varies by Theme and license type and is provided in accordance with the support terms communicated at the time of installation or purchase.
b. Updates, enhancements, bug fixes, or new versions of the Themes may be released periodically. You are responsible for maintaining your installation and determining whether and when to apply updates.
c. We make no guarantee that any specific feature, module, or behavior will remain unchanged across future updates.
5. Theme Updates and Modifications
a. All Themes are provided “as is” and may be updated periodically to maintain compatibility with the HubSpot platform, improve performance, or enhance functionality. You assume full responsibility at all times for any conflicts, errors, site issues, layout changes, data loss, or unexpected behavior that may arise from using, updating, or maintaining a Theme, regardless of cause.
b. This responsibility applies whether or not you have modified theme files, created a child theme, added custom code, scripts, styles, modules, integrations, or made any other changes within your HubSpot portal. West Penn LLC is not responsible for diagnosing, preventing, or resolving any issues resulting from Theme usage or updates under any circumstances.
c. If you have modified the Theme in any way—including but not limited to creating a child theme or adding custom code—it is strongly recommended that you do not update the Theme directly from the HubSpot Marketplace. By choosing to update a modified Theme, you acknowledge that you do so entirely at your own risk and assume full responsibility for your code and any resulting conflicts or issues.
d. We do not guarantee that Themes—whether modified or unmodified—will continue to function as expected after updates. It is your responsibility to test all updates in a staging or non-production environment before applying them to a live website.
6. Limitation of Liability
a. To the maximum extent permitted by law, West Penn LLC shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising from or related to the use or inability to use any Theme.
b. We do not warrant that the Themes will be error-free, uninterrupted, or compatible with all third-party tools, custom code, or HubSpot configurations.
7. Refund Policy
Due to the nature of digital products, all sales are final.
a. Once a paid Theme has been purchased or accessed, it is non-refundable and non-exchangeable.
b. It is your responsibility to review documentation, demos, and compatibility requirements before purchasing.
c. No refunds will be issued for issues that can be resolved through available documentation or support.
d. Free Themes are provided without warranty or obligation and do not entitle users to refunds or compensation of any kind.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of laws principles.
9. Contact Information
For questions regarding these Terms or the Themes, please contact:
Drive Agency
Legal Entity: West Penn LLC
Email: support@driveagency.co