Form 8-K

8-K — XMax Inc.

Accession: 0001493152-26-018564

Filed: 2026-04-22

Period: 2026-04-21

CIK: 0001473334

SIC: 2510 (HOUSEHOLD FURNITURE)

Item: Entry into a Material Definitive Agreement

Item: Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers: Compensatory Arrangements of Certain Officers

Item: Financial Statements and Exhibits

Documents

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UNITED

STATES

SECURITIES

AND EXCHANGE COMMISSION

Washington,

D.C. 20549

FORM

8-K

CURRENT

REPORT

Pursuant

to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date

of Report (Date of earliest event reported): April 21, 2026

XMAX

Inc.

(Exact

name of registrant as specified in its charter)

Nevada

001-36259

90-0746568

(State

or Other Jurisdiction

(Commission

(I.R.S.

Employer

Incorporation)

File

Number)

Identification

No.)

6565

E. Washington Blvd., Commerce, CA 90040

(Address

of Principal Executive Office) (Zip Code)

(323)

888-9999

(Registrant’s

telephone number, including area code)

Check

the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under

any of the following provisions:

☐

Written

communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

☐

Soliciting

material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

☐

Pre-commencement

communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

☐

Pre-commencement

communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Indicate

by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405

of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

Emerging

growth company ☐

an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying

with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐

Securities

registered pursuant to Section 12(b) of the Act:

Title

of each class

Trading

Symbol(s)

Name

of each exchange on which registered

Common

Stock, par value $0.001 per share

XWIN

Nasdaq

Stock Market

Item

1.01 Entry into a Material Definitive Agreement

Please

see the disclosure set forth under Item 5.02, which is incorporated by reference into this Item 1.01.

Item

5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements

of Certain Officers.

April 21, 2026, XMax Inc. (the “Company”) renewed the Employment Agreement (the “Agreement”) with

Mr. Xiaohua Lu, the Chief Executive Officer of the Company, to serve in such position for another one-year term, subject to renewal.

Under the terms of the Agreement, Mr. Lu will receive an annual salary of $80,000, and will be eligible for an annual cash bonus in the

Board’s sole discretion.

The

foregoing description of the Agreement is only a summary of the terms of the Agreement and does not purport to be a complete description

of such document, and is qualified in its entirety by reference to the Agreement, a copy of which is attached as an exhibit hereto and

which is incorporated by reference into this Item 5.02.

Item

9.01 Financial Statements and Exhibits

(d)

Exhibits

Exhibit

No.

Exhibit

Title or Description

10.1

Employment Agreement by and between the Company and Xiaohua Lu dated April 21, 2026.

104

Cover

Page Interactive Data File (embedded within the Inline XBRL document).

SIGNATURES

Pursuant

to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by

the undersigned, hereunto duly authorized.

XMax

Inc.

/s/

Xiaohua Lu

Xiaohua

Chief

Executive Officer

April

22, 2026

EX-10.1

Filename: ex10-1.htm · Sequence: 2

Exhibit

10.1

EMPLOYMENT

AGREEMENT

This

EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into on April 21, 2026 (the “Effective Date”),

by and between XMAX Inc., a Nevada corporation (the “Company”), and XIAOHUA LU (the “Executive”).

WITNESSETH:

WHEREAS,

the parties desire to enter into this Agreement setting forth terms and conditions of the employment relationship between the Executive

and the Company.

NOW,

THEREFORE, in consideration of the foregoing premises and the mutual covenants and agreements contained herein, the parties hereto

agree as follows:

EMPLOYMENT.

1.1 Agreement

to Employ. The Company hereby agrees to employ Executive, and Executive hereby agrees to serve, subject to the provisions of this

Agreement, as an officer and employee of the Company.

1.2 Duties

and Schedule. Executive shall serve as the Company’s Chief Executive Officer (“CEO”) and President. The

responsibilities of the Executive shall be subject to the bylaws of the Company and determined by the Board of Directors of the Company

(the “Board”). The Executive shall report directly to the Board and shall have such responsibilities as designated

by the Board of the Company to the extent that such responsibilities are not inconsistent with all applicable laws, regulations and rules.

Executive shall devote his best efforts and all of his business time to his position with the Company.

2. TERM

OF EMPLOYMENT. Unless Executive’s employment shall sooner terminate pursuant to Section 4, the Company shall employ Executive

for a one-year term commencing on the Effective Date (the “Term”), which Term shall be renewable upon mutual agreement

of the Company and the Executive.

3. COMPENSATION.

3.1 Salary.

Executive’s salary during the Term shall be $80,000 per year (the “Salary”), payable monthly.

3.2 Bonus.

At the sole discretion of the Board, or any committee duly designated by the Board and authorized to act thereto, the Executive shall

be eligible for an annual cash bonus.

3.3 Vacation.

Executive shall be entitled to 12 days of paid vacation per year.

3.4 Business

Expenses. Executive shall be reimbursed by the Company for all ordinary and necessary expenses incurred by Executive; provided that

they are incurred and approved in writing in accordance with the Company’s expense policy.

3.5

Benefits. During the Term, Executive shall be allowed to participate, on the same basis generally as other employees of the Company,

in all general employee benefit plans and programs, including improvements or modifications of the same, which may exist as of the Effective

Date or thereafter and which are made available by the Company to all or substantially all of its employees. Such benefits, plans, and

programs may include, without limitation, any health, and dental insurance or 401K programs, if and when instituted. Any benefit plan

currently existing or instituted by the Company after the Effective Date may be altered, change or discontinued by the Company at its

sole discretion and at any time without obligation of any nature to Executive. Except as specifically provided herein, nothing in this

Agreement is to be construed or interpreted to increase or alter in any way the rights, participation, coverage, or benefits under such

benefit plans or programs to other than those provided to other employees pursuant to the terms and conditions of such benefit plans

and programs.

4. TERMINATION.

4.1 Death.

This Agreement shall terminate immediately upon the death of Executive and Executive’s estate or Executive’s legal representative,

as the case may be, shall be entitled to Executive’s accrued and unpaid Salary and vacation as of the date of Executive’s

death, plus all other compensation and benefits that were vested through the date of Executive’s death.

4.2 Disability.

In the event of Executive’s Disability, this Agreement shall terminate and Executive shall be entitled to (a) accrued and unpaid

Salary and vacation through the first date that a Disability is determined; and (b) all other compensation and benefits that were vested

through the first date that a Disability has been determined. “Disability” means the good faith determination

of the Board that Executive has become so physically or mentally incapacitated or disabled as to be unable to satisfactorily perform

his duties hereunder for a period of ninety (90) consecutive calendar days or for one- hundred twenty (120) days in any three-hundred

sixty (360) day period, such determination based upon a certificate as to such physical or mental disability issued by a licensed physician

and/or psychiatrist (as the case may be) mutually agreed upon by Executive and the Company.

4.3 Termination

by Company for Cause. The Company may terminate the Executive for Cause at any time and such termination shall take effect

upon the receipt by Executive of the Notice of Termination. Upon the effective date of the termination for Cause, Executive shall be

solely entitled to accrued and unpaid Salary through such effective date. “Cause” means: (i) engaging in any

act, omission or misconduct that is injurious to the Company or an affiliate; (ii) gross negligence or willful misconduct in connection

with the performance of duties; (iii) conviction of a criminal offense (other than minor traffic offenses); (iv) fraud, embezzlement

or misappropriation of funds or property of the Company or an affiliate; (v) material breach of any term of any employment or other services,

confidentiality, intellectual property or non-competition agreements, if any, between the Executive and the Company or an affiliate;

(vi) the entry of an order duly issued by any regulatory agency (including federal, state and local regulatory agencies and self-regulatory

bodies) having jurisdiction over the Company or an affiliate requiring the removal of the Executive from any office held with the Company

or prohibiting the Executive from participating in the business or affairs of the Company or any affiliate; or (vii) the revocation or

threatened revocation of any of the Company’s or an affiliate’s government licenses, permits or approvals, which is primarily

due to the Executive’s action or inaction and such revocation or threatened revocation would be alleviated or mitigated in any

material respect by the termination of the Executive’s employment or services with the Company or an affiliate.

4.4 Voluntary

Termination by Executive. The Executive may voluntarily terminate his employment for any reason and such termination shall take effect

30 days after the receipt by Company of the Notice of Termination. Upon the effective date of such termination, Executive shall be entitled

to (a) accrued and unpaid Salary and vacation through such termination date; and (b) all other compensation and benefits that were vested

through such termination date. In the event Executive is terminated without notice, it shall be deemed a termination by the

Company for Cause.

4.5 Notice

of Termination. Any termination of the employment by the Company or the Executive shall be communicated by a notice in accordance

with Section 8.4 of this Agreement (the “Notice of Termination”). Such notice shall (a) indicate

the specific termination provision in this Agreement relied upon and (b) if the termination is for Cause, the date on which the Executive’s

employment is to be terminated.

4.6 Severance.

The Executive shall not be entitled to severance payments upon any termination provided in Section 4 herein.

EXECUTIVE’S REPRESENTATION. The Executive represents and warrants to the Company that: (a) he is subject to no contractual,

fiduciary or other obligation which may affect the performance of his duties under this Agreement; (b) he has terminated, in accordance

with their terms, any contractual obligation which may affect his performance under this Agreement; and (c) his employment with the Company

will not require him to use or disclose proprietary or confidential information of any other person or entity.

6. CONFIDENTIAL

INFORMATION Except as permitted or directed by the Board of Directors of the Company in writing, during the time the Executive is

employed by the Company or at any time thereafter, the Executive shall not use for his personal purposes nor divulge, furnish, or make

accessible to anyone or use in any way (other than in the ordinary course of the business of the Company) any confidential or secret

information or knowledge of the Company, whether developed by herself or by others. Such confidential and/or secret information encompassed

by this Section 6 includes, but is not limited to, the Company’s customer and supplier lists, business plans, software, systems,

trade secret, design, and financial, marketing, and personnel information. The Executive agrees to refrain from any acts or omissions

that would reduce the value of any confidential or secret knowledge or information to the Company, both during his employment hereunder

and at any time after the termination of his employment. The Executive’s obligations of confidentiality under this Section 6

shall not apply to any knowledge or information that is now published publicly or that subsequently becomes generally publicly known,

other than as a direct or indirect result of a breach of this Agreement by the Executive.

7. NON-COMPETITION:

NON-SOLICITATION; INVENTIONS.

7.1 Non-Competition.

During the employment of the Executive under this Agreement and for a period of six (6) months after termination of such employment,

the Executive shall not at any time compete on his own behalf, or on behalf of any other person or entity, with the Company or any

of its affiliates within all territories in which the Company does business with respect to the business of the Company or any of its

affiliates as such business shall be conducted on the date hereof or during the employment of the Executive under this Agreement. The

ownership by the Executive of not more than 5% of a corporation, partnership or other enterprise shall not constitute a violation hereof.

7.2 Non-Solicitation.

During the employment of the Executive under this Agreement and thereafter Executive shall not at any time (i) solicit or

induce, on his own behalf or on behalf of any other person or entity, any employee of the Company or any of its affiliates to leave

the employ of the Company or any of its affiliates; or (ii) solicit or induce, on his own behalf or on behalf of any other

person or entity, any customer or Prospective Customer of the Company or any of their respective affiliates to reduce its business

with the Company or any of its affiliates. For the purposes of this Agreement, “Prospective Customer” shall mean

any individual, corporation, trust or other business entity which has either (a) entered into a nondisclosure agreement with the

Company or any Company subsidiary or affiliate or (b) has within the preceding 12 months received a currently pending and not

rejected written proposal in reasonable detail from the Company or any of the Company’s subsidiary or affiliate.

7.3 Inventions

and Patents. The Company shall be entitled to the sole benefit and exclusive ownership of any patents, inventions or improvements

in products, processes, or other things that may be made or discovered by Executive while he is in the service of the Company. During

the Term, Executive shall do all acts necessary or required by the Company to give effect to this section and, following the Term, Executive

shall do all acts reasonably necessary or required by the Company to give effect to this section. In all cases, the Company

shall pay all costs and fees associated with such acts by Executive.

7.4 Return

of Property. The Executive agrees that all property in the Executive’s possession that he obtains or is assigned

in the course of his employment with the Company, including, without limitation, all documents, reports, manuals, memoranda, customer

lists, credit cards, keys, access cards, and all other property relating in any way to the business of the Company, is the exclusive

property of the Company, even if the Executive authored, created, or assisted in authoring or creating such property. The Executive shall

return to the Company all such property immediately upon termination of employment or at such earlier time as the Company may request.

7.5 Court

Ordered Revisions. If any portion of this Section 7 is found by a court of competent jurisdiction to be invalid

or unenforceable, but would be valid and enforceable if modified, this Section 7 shall apply with such modifications necessary to

make this Section 7 valid and enforceable. Any portion of this Section 7 not required to be so modified shall remain

in full force and effect and not be affected thereby.

7.6 Specific

Performance. The Executive acknowledges that the remedy at law for any breach of any of the provisions of Section 7 will be inadequate,

and that the Company shall be entitled, in addition to any remedy at law or in equity, to preliminary and permanent injunctive relief

and specific performance.

8. MISCELLANEOUS.

8.1 Indemnification. The

Company and each of its subsidiaries shall, to the maximum extent provided under applicable law, indemnify and hold Executive

harmless from and against any expenses, including reasonable attorney’s fees, judgments, fines, settlements and other legally

permissible amounts (“Losses”), incurred in connection with any proceeding arising out of, or related to,

Executive’s employment by the Company, other than any such Losses incurred as a result of Executive’s negligence or

willful misconduct. The Company shall, or shall cause a subsidiary thereof to, advance to Executive any expenses,

including attorney’s fees and costs of settlement, incurred in defending any such proceeding to the maximum extent permitted

by applicable law. Such costs and expenses incurred by Executive in defense of any such proceeding shall be paid by the

Company or applicable subsidiary in advance of the final disposition of such proceeding promptly upon receipt by the Company of (a)

written request for payment; (b) appropriate documentation evidencing the incurrence, amount and nature of the costs and expenses

for which payment is being sought; and (c) an undertaking adequate under applicable law made by or on behalf of Executive to repay

the amounts so advanced if it shall ultimately be determined pursuant to any non-appealable judgment or settlement that Executive is

not entitled to be indemnified by the Company or any subsidiary thereof. The Company will provide Executive with coverage under all

directors and officers liability insurance policies that it has in effect during the Term, with no deductible to

Executive.

8.2

Applicable Law. Except as may be otherwise provided herein, this Agreement shall be governed by and construed in accordance with

the laws of the State of Nevada, applied without reference to principles of conflict of laws. Each party hereby irrevocably submits to

the exclusive jurisdiction of the state and federal courts sitting in Clark County, Nevada.

8.3 Amendments.

This Agreement may not be amended or modified otherwise than by a written agreement executed by the parties hereto or their respective

successors or legal representatives.

8.4 Notices.

All notices and other communications hereunder shall be in writing and shall be given by hand-delivery to the other party, by U.S.

nationally recognized courier service, or by registered or certified mail, return receipt requested, postage prepaid, addressed as

follows:

to the Executive:

XIAOHUA

XMAX

Inc.

6565

East Washington Blvd.

Commerce,

CA 90040

to the Company:

The

Board of Directors

XMAX

Inc.

6565

East Washington Blvd.

Commerce,

CA 90040

to such other address as either party shall have furnished to the other in writing in accordance herewith. Notices and

communications shall be effective when delivered to the addressee.

8.5 Withholding.

The Company may withhold from any amounts payable under the Agreement, such federal, state and local income, unemployment, social security

and similar employment related taxes and similar employment related withholdings as shall be required to be withheld pursuant to any

applicable law or regulation.

8.6 Severability.

The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision

of this Agreement and any such provision which is not valid or enforceable in whole shall be enforced to the maximum extent permitted

by law.

8.7

Captions. The captions of this Agreement are not part of the provisions and shall have no force or effect.

8.8 Entire

Agreement. This Agreement contains the entire agreement among the parties concerning the subject matter hereof and supersedes all

prior agreements, understandings, discussions, negotiations and undertakings, whether written or oral, between the parties with respect

thereto.

8.9 Survival.

The respective rights and obligations of the parties hereunder shall survive any termination of this Agreement or the Executive’s

employment hereunder to the extent necessary to the intended preservation of such rights and obligations.

8.10 Waiver.

Either Party’s failure to enforce any provision or provisions of this Agreement shall not in any way be construed as a waiver of any

such provision or provisions, or prevent that party thereafter from enforcing each and every other provision of this Agreement.

8.11 Successors. This

Agreement is personal to Executive and, without the prior express written consent of the Company, shall not be assignable by Executive.

This Agreement shall inure to the benefit of and be enforceable by Executive’s estate, heirs, beneficiaries, and/or legal representatives.

This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.

8.12 Joint

Efforts/Counterparts. Preparation of this Agreement shall be deemed to be the joint effort of the parties hereto and shall not be

construed more severely against any party. This Agreement may be signed in two or more counterparts, each of which shall be

deemed an original and all of which together shall constitute one and the same instrument.

8.13 Representation

by Counsel. Each Party hereby represents that it has had the opportunity to be represented by legal counsel of

its choice in connection with the negotiation and execution of this Agreement.

WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written.

EXECUTIVE:

XMAX

INC.

/s/

Xiaohua Lu

/s/

Umesh Patel

Xiaohua

Umesh

Patel, Chairman of Board

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Reference 1: http://www.xbrl.org/2003/role/presentationRef

-Publisher SEC

-Name Exchange Act

-Number 240

-Section 14a

-Subsection 12

+ Details

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dei_SolicitingMaterial

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Balance Type:

Period Type:

duration

- Definition

Trading symbol of an instrument as listed on an exchange.

+ References

No definition available.

+ Details

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dei_TradingSymbol

Namespace Prefix:

dei_

Data Type:

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Balance Type:

Period Type:

duration

- Definition

Boolean flag that is true when the Form 8-K filing is intended to satisfy the filing obligation of the registrant as written communications pursuant to Rule 425 under the Securities Act.

+ References

Reference 1: http://www.xbrl.org/2003/role/presentationRef

-Publisher SEC

-Name Securities Act

-Number 230

-Section 425

+ Details

Name:

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Namespace Prefix:

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