
Financial Performance - The company incurred a net loss of $22.3 million for the year ended December 31, 2023, following a net loss of $13.3 million for the year ended December 31, 2022[117]. - The company has experienced recurring net losses, negative cash flows from operations, and negative net working capital, raising substantial doubt about its ability to continue as a going concern for a period of 12 months[202]. - The company recorded an inventory write-down of $1.7 million for products not expected to be sold within one year based on customer demand and current market conditions[219]. - Significant increases in prices for certain electronic components have been experienced, impacting profitability[189]. - Revenue from U.S. government contracts accounted for approximately 2.5% and 5.2% of total revenue for the years ended December 31, 2023 and 2022, respectively[184]. Growth Strategy - The company plans to expand its sales and marketing presence, increase investment in SaaS solutions, and pursue strategic acquisitions to drive growth[121]. - The company’s future growth depends on successfully introducing new products and achieving market acceptance, which is uncertain[139]. - The company must effectively grow its sales and marketing organization to increase revenue, facing challenges in attracting skilled personnel[166]. - The company may continue to incur significant losses as it invests in initiatives before realizing any incremental revenue growth[118]. - The company requires additional capital to execute its business plan, which may not be available on favorable terms, potentially limiting growth opportunities[162]. Market and Competitive Risks - The company faces challenges in maintaining competitive average selling prices and high sales volumes, which could adversely affect revenue and gross margins[122]. - The competitive landscape includes competitors with greater resources, which may lead to pricing pressure and reduced margins for the company[155]. - The company generates revenue from industries subject to significant volatility, such as oil and gas, which can affect demand for its products[177]. - Significant developments in alternative technologies could impact demand for the company's products, potentially resulting in decreased revenue and loss of market share[150]. - The company faces risks related to sales through distributors, including concentration risk and credit risk, which could harm revenue if key distributors are lost[147]. Operational Challenges - The company has a limited operating history providing SaaS solutions, making it difficult to evaluate future prospects and risks[125]. - The company is reliant on artificial intelligence and machine learning models for product development, which poses risks if the models are inadequately designed or trained[146]. - The reliance on contract manufacturers may lead to quality control issues and disruptions in supply, adversely affecting the ability to fulfill orders and impacting operating results[153]. - The complexity of manufacturing processes may lead to low product yields, increasing costs and reducing available supply[165]. - The company faces risks related to the timely introduction of new products and technologies, which are critical for competitiveness[181]. Customer Relationships - The company’s relationships with existing customers are limited, and it must build confidence to secure long-term agreements[128]. - The sales cycle for new customers can exceed one year, leading to potential cancellations or postponements that may adversely affect financial results[148]. - The company may not be able to maintain relationships with large customers, which could materially affect financial results[176]. - The company is exposed to credit risk on trade accounts receivable, which could adversely affect business if major customers face financial difficulties[178]. Legal and Regulatory Risks - The company identified material weaknesses in its internal controls over financial reporting, which could adversely affect its operating results and compliance with regulations[211]. - The company is subject to potential audits of its income, sales, and other transaction taxes, which could adversely affect its financial condition and results of operations[225]. - The company may face litigation risks related to the alleged wrongful use of trade secrets from former employees[248]. - The company could incur substantial legal liabilities and expenses in defending against lawsuits, which may require significant management resources[315]. - There is no assurance that ongoing or future claims will not materially impact operating results or financial position[315]. Intellectual Property Risks - The company faces challenges in protecting its intellectual property, as competitors may design around issued patents or claim infringement, which could adversely affect its business[232]. - The company relies on trade secret protections and patent laws to safeguard its technology, but these provide only limited protections[241]. - There is uncertainty regarding the success of pending patent and trademark applications, which may not provide adequate defensive protection[242]. - The company faces risks related to unauthorized use of its intellectual property, which could lead to loss of competitive advantage and revenue[244]. Environmental and Compliance Risks - The company faces increasing environmental regulations that could adversely affect its operations and financial condition[268]. - The U.S. Environmental Protection Agency's efforts to limit greenhouse gas emissions may increase operational costs and affect product design[270]. - Legislative measures addressing climate change could lead to higher capital expenditures and compliance costs for the company[271]. - Compliance with various state laws regarding sales tax and income tax is critical, as non-compliance could result in unexpected costs and penalties[250]. Management and Governance - The company is currently a controlled company, with the CEO owning approximately 51% of outstanding common stock, which may limit stockholder protections[273]. - The company’s success depends on the continued service of key members of its senior management team, and the loss of any member could harm its business[302]. - The company may face challenges in recruiting and retaining qualified personnel, which is critical for executing its strategic plan[303]. Market Conditions and Stock Performance - Nasdaq has commenced delisting procedures for the company's securities due to non-compliance with listing requirements, including a minimum market value of $50 million[276]. - The trading price and volume of the company's securities may fluctuate dramatically due to various factors, including market conditions and investor interest[282]. - The future exercise of registration rights may adversely affect the market price of common stock due to the potential increase in the number of securities available for trading[290]. - The issuance of additional shares or other equity securities could dilute existing ownership interests and may depress the market price of common stock[292].