Is this a premium theme that you are selling? It sounds more like it’s a one off theme for a specific client.
There rules are:
1) You cannot include ACF Pro on a free theme (in a repository like WordPress)
2) You can include ACF Pro in a premium theme
3) You can include ACF Pro in one off themes build for clients
In the case of 2, a premium theme, you cannot include your license key. You must update ACF Pro and then supply and updated version of your theme…. if updates is something that you provide.
In the case of 3, a one of theme. You would activate your license and allow the client to update ACF Pro.
