Xthings User Camera Sharing Agreement

Dear User:

Thank you for choosing Xthings Group Inc. (“Xthings”)’s smart camera products and for utilizing the Xthings Home App, Xthings App, Ulticam App and Xthings Cloud services (collectively, the “Services”) to manage and operate these devices.

When you choose to share camera access with others (hereinafter referred to as “Sharees”), it is important to understand the associated responsibilities and implications. This Agreement outlines the rights and obligations of all parties involved, ensuring the protection of both your interests and those of Xthings.

By proceeding with camera sharing, you acknowledge and agree to the terms set forth herein. If you do not agree with any provision of this Agreement, you must immediately discontinue sharing and revoke any existing shared access.

1. Your Responsibilities

1.1 You voluntarily share access to your camera device and assume full responsibility for any risks associated with such sharing. It is your sole responsibility to verify the identity of any Sharee prior to granting access. You shall periodically review shared access settings and promptly revoke access for any individual who should no longer have such privileges. You shall ensure that all Sharees comply with applicable privacy laws, ethical guidelines, and usage restrictions associated with the camera device and Xthings Cloud services.

1.2 You shall provide clear instructions to the Sharee regarding permitted and prohibited uses of the camera. Any misuse or unauthorized activities conducted by the Sharee are solely your responsibility. You shall ensure that the Sharee understands and acknowledges their obligations under this Agreement before access is granted via the Xthings App or Xthings Home App.

2. Risk Assumption

2.1 You acknowledge and accept that Xthings does not monitor, control, or supervise the activities of any Sharee granted access by you. Xthings shall not be liable for any damages or losses related to camera sharing, or any unauthorized access, misuse, or unlawful activity conducted by a Sharee, including but not limited to unauthorized video recording, privacy violations, data security breaches, and the dissemination of content recorded or stored on Xthings Cloud. You release Xthings from claims, damages, and demands of every kind arising out of or in any way related to such disputes and camera sharing.

2.2 You acknowledge and accept that Xthings shall not be responsible for disputes arising between you and the Sharee regarding the sharing of camera access. If there is a dispute between you and the Sharee, you agree that Xthings is under no obligation to become involved. In the event of such a dispute, you release Xthings, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, arising out of such disputes.

3. Data Security and Privacy

3.1 You acknowledge that, once access is shared, Xthings cannot control how Sharees handle video, audio, or image data. Xthings assumes no liability for any data breaches, privacy violations, or unauthorized use of content caused by a Sharee. You are responsible for informing Sharees of the applicable data protection rules and ensuring that they adhere to all privacy and security policies. If a privacy-related dispute arises due to your failure to properly inform the Sharee, you shall bear full legal responsibility.

3.2 You shall take reasonable precautions to protect your camera system and your accounts on Xthings App and Xthings Home App. Xthings is not responsible for security breaches caused by weak passwords, unencrypted networks, or compromised credentials.

4. Warranty Disclaimer, Service Availability and Modification

4.1 Xthings and its officers, directors, employees, and agents (the “Xthings Parties”) make no representations or warranties concerning camera sharing. THE FUNCTION OF CAMERA SHARING IS PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

4.2 Various factors, including but not limited to network conditions, software updates, device compatibility, and Xthings Cloud server status, may impact the availability and performance of camera-sharing features. Furthermore, the sharing function may be restricted or discontinued due to force majeure events or changes in laws. Xthings reserves the right to modify, restrict, suspend, or discontinue the camera-sharing function within the Apps or Cloud services without prior notice for legal, regulatory, or operational reasons.

4.3 Xthings may update the terms of this Agreement at its discretion. Continued use of the camera-sharing function constitutes acceptance of the updated terms.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE TRANSFEROR AND TRANSFEREE AGREE AND ACKNOWLEDGE THAT IN NO EVENT SHALL ANY XTHINGS PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE CAMERA SHARING OR DEVICE ACCESS, ON ANY THEORY OF LIABILITY RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES.

6. Indemnity

You agree to indemnify and hold the Xthings Parties harmless from and against any and all claims, liabilities, damages, losses and expenses (including attorneys’ fees) arising from or related to any claim or demand made by any third party due to or arising out of: (a) your use of the function of camera sharing; (b) your violation of this Agreement, or any applicable law, rule or regulation; (c) your infringement of any third party’s right.

7. Acceptance and Termination

7.1 By sharing camera access, you acknowledge that you have read, understood, and agreed to be bound by this Agreement, as well as Xthings’s Privacy Policy and Terms of Service. You shall explicitly check the box labeled "I have read and agree to Xthings User Camera Sharing Agreement" to confirm your acceptance.

7.2 Xthings reserves the right to terminate or suspend your sharing privileges if there is any violation of this Agreement or if you or a Sharee engages in behavior deemed unlawful or in violation of Xthings’s policies.

8. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law rule that would cause the application of the laws of any other jurisdiction.