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Commitments and Contingencies
12 Months Ended
Dec. 31, 2022
Commitments and Contingencies  
Commitments and Contingencies
6.
Commitments and Contingencies

Lease

The Company leased office space in Newark, California under a cancelable operating lease agreement, which was terminated in December 2021.

The Company executed a noncancelable operating lease for approximately 9,091 square feet of office space in Hayward, California in November 2021 as its headquarters. The lease expires in October 2025 and there is no option to renew for an additional term. The Company is obligated to pay, on a pro-rata basis, real estate taxes and operating costs related to the premises. Upon lease execution, the Company evaluated the lease and determined it should be capitalized as an operating lease. As there was no interest rate implicit in the lease, the Company estimated the incremental borrowing rate at 6% based on the rate available under its revolving credit line, as well as an assessment of the Company's risk based on its financial position at the time and its potential to obtain a collateralized loan for a period similar to the lease term.

The lease costs for the years ended December 31, 2022 and 2021 are as follows (in thousands):

 

 

 

December 31,
2022

 

 

December 31,
2021

 

Operating lease cost

 

$

201

 

 

$

21

 

Short term lease cost

 

 

22

 

 

 

28

 

Total lease cost

 

$

223

 

 

$

49

 

 

Amounts reported in the balance sheet for leases where the Company is the lessee as of December 31, 2022 are as follows (in thousands):

 

Right-of-use assets, operating lease

 

$

523

 

Operating lease liabilities, current

 

$

163

 

Operating lease liabilities, non-current

 

 

367

 

Total operating lease liabilities

 

$

530

 

Remaining lease term (in years)

 

 

2.75

 

Discount rate

 

 

6.0

%

 

Cash paid for amounts included in the measurement of operating lease liabilities were $189 thousand and $0 for the years ended December 31, 2022 and 2021, respectively, which is included in operating activities in the statements of cash flow.

Future minimum lease payments remaining as of December 31, 2022 under the operating lease by fiscal year are as follows (in thousands):

 

Fiscal Year

 

 

 

2023

 

 

189

 

2024

 

 

210

 

2025

 

 

178

 

Total minimum lease payments

 

 

577

 

Less imputed interest

 

 

(47

)

Present value of lease payments

 

$

530

 

 

Fulfillment Service Agreement

On November 25, 2022, we entered into a Fulfillment Services Agreement (the “ALOM Agreement”), with ALOM Technologies Corporation (“ALOM”). Pursuant to the ALOM Agreement, commencing on November 28, 2022, began providing, on a non-exclusive basis, certain assembly, procurement, storage, returns, and fulfillment services to our end customers and retailers within the United States. During the term of the ALOM Agreement, ALOM shall provide the services in accordance with purchase orders issued by us from time to time. The consideration payable by us to ALOM for services rendered under the ALOM Agreement will be calculated and invoiced based on fixed hourly rates and fixed unit pricing, as applicable, subject to certain exceptions; provided that, commencing April 1, 2023, we will be subject to $25 thousand minimum monthly purchase requirement. The ALOM Agreement has a three-year initial term, with automatic annual renewals, and may be terminated for convenience by either party upon sixty days written notice to the other party.

Contingencies

From time to time, the Company may have certain contingent liabilities that arise in the ordinary course of its business activities. The Company accrues a liability for such matters when future expenditures are probable and such expenditures can be reasonably estimated. The Company recorded no liabilities for contingent matters as of December 31, 2022.