1. Introduction
Welcome to Xthings. These Terms of Use ("Terms") constitute a binding legal agreement between you and Xthings Inc. (including its subsidiaries and affiliates, collectively "Xthings", "we", "us" or "our").
These Terms govern your access to and use of our diverse ecosystem of hardware and software products, including:
- ULTRALOQ: Smart lock solutions for residential and commercial access.
- Ulticam: Smart security cameras and monitoring systems.
- Anviz: Biometric access control, time attendance, and workplace security solutions.
- UTEC: Smart living and personal device solutions.
- Services: Including the Xthings Home App, Anviz CrossChex (or related commercial software), cloud storage, Web Portals, and AI-enabled features.
PLEASE READ CAREFULLY. THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, INCLUDING MANDATORY ARBITRATION, CLASS ACTION WAIVER, AND SPECIFIC OBLIGATIONS FOR COMMERCIAL/ENTERPRISE USERS.
2. Acceptance of Terms
2.1 General Acceptance
By registering an account, purchasing a device, downloading our software, or using any Xthings Service, you agree to be bound by these Terms and our Privacy Policy.
2.2 Authority to Bind Entity (For Commercial/Anviz Users)
If you are using the Services on behalf of a company, organization, or other legal entity (e.g., using Anviz for employee attendance), you represent and warrant that:
- You are an authorized representative of that entity.
- You have the authority to bind the entity to these Terms.
- You agree to these Terms on behalf of that entity.
3. Eligibility & Account Responsibilities
3.1 User Categories
- Owner/Admin: The primary account holder who manages devices, subscriptions, and settings.
- Authorized User (Residential): Family members/guests or visitor invited by the Owner.
- End User (Commercial): Employees, staff, or contractors whose data (e.g., fingerprints, face logs, attendance records) is processed by the System.
3.2 Account Security
You are responsible for maintaining the confidentiality of your credentials. Commercial Admins are strictly responsible for managing employee access rights and revoking access for terminated employees immediately.
4. Services & Product Usage
4.1 Permitted Use
- Residential: You may use the Services for personal, family, and household purposes.
- Commercial: You may use the Services for internal business operations (e.g., access control, time tracking) in compliance with applicable labor and privacy laws.
4.2 Life Safety & Emergency Disclaimer (Critical)
NOTICE: Xthings products (including Anviz, UTEC, Ulticam and ULTRALOQ) are NOT a third-party monitored emergency notification system. We do not dispatch emergency authorities (police, fire, medical) to your home or office.
You acknowledge that Xthings is not responsible for any personal injury, death, or property damage arising from the failure of the device to prevent an intrusion or emergency.
4.3 Service Availability
The Services rely on: (i) your Wi-Fi/Network; (ii) your Internet Service Provider; and (iii) your mobile device. Xthings is not responsible for interruptions caused by network outages or signal interference.
5. Special Terms for Commercial & Enterprise Users
If you use Xthings devices for business purposes, this section applies to you.
5.1 Compliance with Privacy & Labor Laws
You (the Employer/Admin) are the Data Controller. Xthings is the Data Processor. You represent and warrant that you have obtained all necessary consents from your employees or end users to:
- Collect their biometric data (fingerprints, facial features) for access/attendance.
- Monitor their activity via video or access logs.
- Comply with applicable laws (e.g., GDPR, CCPA, Illinois BIPA, or local labor laws).
5.2 Biometric Information Policy
If your Xthings device utilizes biometric recognition:
- You confirm that you have provided written notice to individuals regarding the collection of biometric data.
- You agree to indemnify and hold Xthings harmless from any claims, lawsuits, or fines arising from your failure to obtain proper consent from employees or users.
5.3 Data Retention
It is your responsibility to export attendance or access logs regularly. Xthings is not liable for the loss of historical attendance data if your cloud subscription expires or if data is deleted according to retention policies.
6. Software License & Updates
6.1 Limited License
Xthings grants you a limited, non-exclusive, non-transferable license to use the firmware and software solely in conjunction with the authorized Hardware.
6.2 Prohibited Actions
You may not:
- Reverse engineer or decompile the software (except as permitted by law).
- Use the Services to create a competing product.
- Hack, modify, or override the firmware of Xthings devices.
6.3 Firmware Updates
Xthings may automatically push firmware updates to ensure security and stability. By connecting your device to the internet, you consent to these automatic updates.
7. Cloud Storage, AI & Video Recording
7.1 Video History (Ulticam)
Cloud storage for video recordings is provided according to your subscription plan. Once the storage limit or time limit is reached, older footage is automatically deleted and cannot be recovered.
7.2 AI Features (Smart Detection)
Our devices use AI to detect motion, people, packages, or specific events.
- Accuracy: You acknowledge that AI is not infallible and may generate false positives or missed detections.
- Privacy: You are responsible for configuring privacy zones (masking) to avoid recording public areas or neighbors' properties where prohibited by law.
8. Third-Party Integrations
Our Services may integrate with third-party ecosystems (e.g., Apple Home, Amazon Alexa, Google Home, Samsung SmartThings, Matter).
- Xthings does not guarantee the continued compatibility of these third-party services.
- If you choose to integrate with third-party payroll systems, you do so at your own risk.
9. Fees, Subscriptions & Payment
9.1 Subscriptions (SaaS)
Some features (e.g., Cloud Storage, Advanced Reporting for Anviz) require a paid subscription.
- Auto-Renewal: Subscriptions automatically renew unless canceled at least 24 hours before the end of the billing cycle.
- Commercial Plans: Pricing for commercial plans (e.g., per-user licensing) is subject to the specific terms agreed upon at purchase.
9.2 Refunds
Unless required by law, all fees are non-refundable.
10. Warranty Disclaimers
THE HARDWARE WARRANTY IS GOVERNED BY THE SEPARATE "LIMITED WARRANTY" DOCUMENT INCLUDED WITH YOUR DEVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOFTWARE AND CLOUD SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SYSTEM WILL BE ERROR-FREE OR THAT IT WILL PREVENT UNAUTHORIZED ACCESS TO YOUR PREMISES.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- Indirect Damages: Xthings shall not be liable for any indirect, incidental, or consequential damages (including loss of business profits, business interruption, or loss of business information/data).
- Cap on Liability: Our total cumulative liability arising from or related to these Terms or the Services shall not exceed the amount you paid for the specific Hardware or Service in the twelve (12) months preceding the claim.
Specific to Commercial: We are not liable for any payroll errors, labor disputes, or fines resulting from the use of our attendance data.
12. Dispute Resolution (Arbitration & Class Action Waiver)
12.1 Binding Arbitration
Any dispute between you and Xthings shall be resolved exclusively through binding arbitration, except for small claims court cases.
12.2 Class Action Waiver
YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
12.3 Jurisdiction
- US Residents: The arbitration will be governed by the AAA rules.
- International Users: Disputes shall be governed by the laws of the jurisdiction where Xthings is domiciled, or as required by local consumer laws.
13. Termination
We reserve the right to suspend or terminate your account/access if:
- You violate these Terms.
- (For Commercial Users) You fail to pay subscription fees.
- You use the Services for illegal purposes.
Upon termination, your right to use the Cloud Services ceases immediately.
14. Contact Information
Xthings Inc.
Device Brand Support:
- Ultraloq: support@ultraloq.com
- Ulticam: support@ulticam.com
- UTEC: support@utec.life
- Anviz: support@anviz.com
App/Cloud Service Support:
- Xthings: support@xthings.com
Legal Inquiries: legal@xthings.com
Address: 44703 Fremont Blvd, Fremont, CA