Device Transfer Agreement

U home Device Transfer Agreement

Effective Date: 2025.05.08

Last  Updated: 2025.05.08

This Device Transfer Agreement ("Agreement") governs the transfer of ownership and control of smart devices ("Device(s)") through the U home App ("App"). By proceeding with a device transfer, both the Current Owner ("Transferor") and the New Owner ("Transferee") acknowledge and agree to the terms set forth below.

1. Definitions

1.1 Device: Any smart product sold by U-TEC GROUP INC. and/or its affiliates ("U-tec") and integrated with the U home App, including but not limited to smart locks, smart light bulbs, smart plugs, switches, and cameras (This feature is not yet available. Stay tuned.).

1.2 Transferor: The existing registered owner of the Device in the U home App.

1.3 Transferee: The individual receiving ownership and control of the Device through the U home App transfer process.

1.4 U home App: The mobile application through which users control and manage registered Devices.

2. Device Transfer Process

2.1 The Transferor may voluntarily initiate a Device transfer through the U home App by selecting the specific Device(s) and specifying the Transferee’s registered U home account.

2.2 The Transferee will receive a transfer request and shall explicitly accept the transfer within the U home App.

2.3 Upon the Transferee's acceptance, all ownership and control of the Device(s) shall be permanently reassigned from the Transferor to the Transferee. The Transferor will no longer have any access, rights, or control over the Device(s).

3. Transferor’s Representations and Warranties

By initiating a Device transfer, the Transferor:

3.1 Represents that they are the rightful owner of the Device(s) and have the authority to transfer ownership.

3.2 Represents that they understand once the transfer is completed, they will permanently lose access to the transferred Device(s) and will not be able to control, operate, or retrieve any data associated with them.

3.3 Agrees that the transfer is irrevocable and cannot be undone by the U home App or U-tec once the Transferee has accepted it.

3.4 Agrees that the Transferee will assume full responsibility for the Device(s) upon successful transfer.

3.5 Represents and warrants that the Device's origin is legal and free from property disputes or outstanding fees that could affect normal transfer and use.

4. Transferee’s Representations and Warranties

By accepting a Device transfer, the Transferee:

4.1 Agrees to assume full ownership, control, and responsibility for the transferred Device(s).

4.2 Agrees that they shall comply with the terms of use, privacy policies, and other applicable agreements governing the use of the Device(s) and U home App.

4.3 Represents that they have the rights to receive and manage the Device(s), and have not been prohibited from using or accessing any aspect of U-tec’s services, under any applicable law or regulation.

5. Device Status and Functional Integrity

5.1 The Transferor agrees that before initiating a Device transfer, they shall ensure that the Device is in proper working condition. U-tec or the U home App is not responsible for any pre-existing issues, such as hardware malfunctions or damage. After the transfer, the Transferee assumes full responsibility for any necessary repairs or replacements.

5.2 U-tec strives to maintain data integrity and functionality during the transfer process. However, unforeseen factors such as network issues or system incompatibilities may cause temporary disruptions or data loss. While U-tec will assist in troubleshooting and recovery, it is not liable for any direct or indirect damages resulting from these issues. The Transferor and Transferee agree to collaborate with U-tec to resolve any issues with the Device.

6. Privacy and Data Security

6.1 During the Device transfer, the platform will adhere to its Privacy Policy by encrypting user account information and Device configurations. However, the Transferor and Transferee agree that reasonable security measures may not be sufficient to prevent data breaches. U-tec shall not be liable for any direct or indirect damages resulting from such incidents during the Device transfer.

6.2 The Transferor understands that after the transfer, they will lose access to any data stored on the Device, including historical recordings on smart cameras (if applicable;cameras feature is not yet available. Stay tuned.). U-tec is not responsible for retaining or restoring this data. After the transfer, the Transferee becomes the sole legal controller of the Device and its associated data, subject to U-tec’s Terms of Use, Privacy Policy and applicable laws.

7. Risk Assumption

The Transferor and Transferee acknowledge and accept that they bear the risk relating to the Device transfer.

The Transferor and Transferee acknowledge and accept that U-tec does not oversee or mediate dispute between them. U-tec shall not be liable for any damages or losses related to the Device transfer. The Transferor and Transferee release U-tec from claims, damages, and demands of every kind—known or unknown, suspected or unsuspected, disclosed or undisclosed—arising out of or in any way related to such disputes and the Device transfer.

The interactions between the Transferor and Transferee, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between the Transferor and Transferee. The Transferor and Transferee agree that U-tec shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between the Transferor and Transferee, they agree that U-tec is under no obligation to become involved. In the event that they have a dispute, the Transferor and Transferee release U-tec, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected, or unsuspected, disclosed, or undisclosed, arising out of or in any way related to such disputes and/or the Device transfer.

8. Warranty Disclaimer

U-tec and its officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (U-tec and all such parties together, the “U-tec Parties”) make no representations or warranties concerning the Device transfer. THE FUNCTION OF DEVICE TRANSFER IS PROVIDED BY U-TEC 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, NON-INFRINGEMENT, OR THAT DEVICE TRANSFER WILL BE UNINTERRUPTED OR ERROR-FREE. 

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, the Transferor and Transferee AGREE AND ACKNOWLEDGE THAT IN NO EVENT SHALL ANY U-TEC PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DEVICE TRANSFER, WHETHER OR NOT ANY U-TEC PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ON ANY THEORY OF LIABILITY RESULTING FROM THE USE OR INABILITY TO USE THE FUNCTION OF DEVICE TRANSFER.

10. Indemnity

The Transferor and Transferee agree to indemnify and hold the U-tec Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), 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) Their use of the function of Device transfer.

(b) Their violation of this Agreement, or any applicable law, rule or regulation.

(c) Their violation of any third party’s right. The Transferor and Transferee shall pay all reasonable attorneys’ fees, court costs, settlements, disbursements and other defense costs in connection with the losses arising under this paragraph.

11. User Agreement and Consent

By proceeding with the Device transfer, the Transferor and Transferee represent and warrant that they have read, understand, and agree to be bound by this Agreement and U-tec’s Terms of Use and/or Privacy Policy. The Transferor and Transferee shall explicitly check the box labeled "I have read and agree to U home Device Transfer Agreement." to confirm their acceptance before completing the transfer.

12. Governing Law

This Agreement shall be governed by and construed exclusively 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 jurisdiction other than the internal laws of the State of California to the rights and duties of the Parties hereunder.