Xthings Home Device Transfer Agreement
Effective Date: December 22, 2025
This Xthings Home Device Transfer Agreement (“Agreement”) governs the transfer of ownership and control of supported smart devices (“Device(s)”) through the Xthings Home mobile application (“App”).
By initiating or accepting a Device transfer, both the current owner (“Transferor”) and the new owner (“Transferee”) acknowledge that they have read, understood, and agreed to be bound by this Agreement.
1. Definitions
1.1 Xthings refers to Xthings Inc., including its affiliated brands and products (such as ULTRALOQ, Ulticam, and UTEC).
1.2 Device means any smart device sold by Xthings or its affiliates that is supported by and registered in the Xthings Home App, including but not limited to smart locks, sensors, switches, plugs, lighting products, and other supported devices.
1.3 Transferor means the individual who is the current registered owner of the Device in the App.
1.4 Transferee means the individual who receives ownership and control of the Device through the App’s device transfer function.
1.5 Xthings Home App means the mobile application provided by Xthings for managing and controlling supported Devices.
2. Device Transfer Process
2.1 The Transferor may voluntarily initiate a Device transfer through the App by selecting the Device(s) and designating the Transferee’s registered Xthings Home account.
2.2 The Transferee must explicitly accept the transfer request within the App.
2.3 Upon acceptance by the Transferee, ownership and control of the Device(s) shall be permanently reassigned from the Transferor to the Transferee. The Transferor will no longer have access to, or control over, the transferred Device(s).
3. Transferor Representations and Acknowledgements
By initiating a Device transfer, the Transferor represents and agrees that:
3.1 They are the lawful owner of the Device(s) and have the authority to transfer ownership.
3.2 Upon completion of the transfer, they will permanently lose all access to the Device(s) and any associated data and functionality.
3.3 The transfer is generally irrevocable once accepted by the Transferee, except as required by applicable law or expressly determined by Xthings in exceptional circumstances.
3.4 The Transferee assumes full responsibility for the Device(s) after the transfer is completed.
3.5 The Device(s) were lawfully obtained and are free of known disputes, liens, or unpaid obligations that would interfere with the transfer or use.
4. Transferee Representations and Acknowledgements
By accepting a Device transfer, the Transferee represents and agrees that:
4.1 They accept full ownership, control, and responsibility for the transferred Device(s).
4.2 They will comply with all applicable Terms of Use, Privacy Policy, and other agreements governing the Device(s) and the App.
4.3 They are legally permitted to receive and use the Device(s) and are not prohibited from accessing Xthings services under applicable laws or regulations.
5. Device Condition and Functionality
5.1 Xthings does not guarantee the condition of any Device transferred between users. Any pre-existing defects, damage, or malfunctions remain the responsibility of the Transferee after transfer.
5.2 While Xthings makes reasonable efforts to maintain system functionality during the transfer process, technical issues such as network failures or system incompatibilities may occur. Xthings is not responsible for data loss or disruptions resulting from such issues, but may provide reasonable assistance where feasible.
6. Privacy and Data
6.1 Device transfers are subject to Xthings’ Privacy Policy. Reasonable administrative, technical, and organizational measures are used to protect account and Device information; however, no system can be guaranteed to be completely secure.
6.2 Upon completion of a transfer, the Transferor permanently loses access to Device-related data. Xthings is not responsible for retaining, restoring, or recovering such data.
6.3 After transfer, the Transferee becomes the primary controller of Device-generated data arising from their use of the Device(s), subject to Xthings’ Privacy Policy, Terms of Use, and applicable laws.
7. Risk Allocation and Disputes Between Users
7.1 Device transfers are conducted solely between the Transferor and Transferee. Xthings does not verify, mediate, or guarantee transactions, payments, deliveries, or agreements between users.
7.2 Any dispute arising between the Transferor and Transferee related to the Device transfer shall be resolved solely between those parties. Xthings has no obligation to intervene.
7.3 The Transferor and Transferee release Xthings and its officers, directors, employees, agents, and affiliates from any claims, damages, or liabilities arising out of or related to disputes between users or the Device transfer, to the maximum extent permitted by applicable law.
8. Disclaimer of Warranties
THE DEVICE TRANSFER FUNCTION IS PROVIDED BY XTHINGS ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, XTHINGS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. XTHINGS DOES NOT WARRANT THAT THE DEVICE TRANSFER FUNCTION WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XTHINGS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE DEVICE TRANSFER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Indemnification
The Transferor and Transferee agree to indemnify and hold harmless Xthings, its officers, directors, employees, and affiliates from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- (a) Their use of the Device transfer function;
- (b) Their violation of this Agreement or applicable law;
- (c) Their infringement of any third-party rights.
11. User Consent
By proceeding with a Device transfer, the Transferor and Transferee confirm that they have read, understood, and agreed to this Agreement and to Xthings’ applicable Terms of Use and Privacy Policy. Acceptance is confirmed by selecting the checkbox labeled “I have read and agree to the Xthings Home Device Transfer Agreement.”
12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.