VVOS on Nasdaq

Vivos Therapeutics, Inc.

Vivos Therapeutics, Inc. is an American surgical and medical instruments and apparatus company.1 It is headquartered in Littleton, Colorado.1 Its shares trade on Nasdaq under the symbol VVOS.1

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Last updated Oct 20, 2026.

Overview

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  • TickerVVOS on Nasdaq1
  • IndustrySurgical & Medical Instruments & Apparatus1
  • HeadquartersLittleton, Colorado1
  • Incorporated inDE2
  • Business address7921 Southpark Plaza,, Suite 210, Littleton, Co 801202
  • Filer categoryNon-accelerated filer, Smaller reporting company2

SO teams are fully deployed, further insurance participation access is granted, and additional facility space is made ready.4 From its latest annual report

Financials

From the company’s reports to the SEC. Every number links to the filing it came from.

Key numbers, fiscal 2025

60.4%Gross margin5
-114.1%Operating margin5
-121.4%Net margin5
16.0%Revenue growth, 20255
-$17.6MFree cash flow5

What sells

Revenue by product, business segment and region, as the company reports it to the SEC.

Products and services

Sleep Testing Services brought in 35% of the revenue Vivos Therapeutics, Inc. broke down this way in fiscal 2025.

  1. Sleep Testing Services$6.0M535%up 371% from 2024
  2. Appliances$3.3M519%down 41% from 2024
  3. Tooth Positioners$3.2M518%up 41% from 2024
  4. Treatment Centers$2.2M512%
  5. Sponsorship Seminar Other$1.2M57%down 37% from 2024
  6. Billing Intelligence Services$686.0K54%down 18% from 2024
  7. VIP$491.0K53%down 80% from 2024
  8. Myofunctional Therapy Services$337.0K52%down 45% from 2024
Products and services by year
Products and services20242025
Sleep Testing Services$1.3M$6.0M
Appliances$5.6M$3.3M
Tooth Positioners$2.3M$3.2M
Treatment Centers$2.2M
Sponsorship Seminar Other$1.9M$1.2M
Billing Intelligence Services$840.0K$686.0K
VIP$2.5M$491.0K
Myofunctional Therapy Services$609.0K$337.0K

Where the money goes

Where each dollar of revenue went, fiscal 2025

  • Cost of revenue40¢$6.9M
  • Research and development1¢$100.0K
  • Other costs52¢$9.0M
  • Interest8¢$1.4M

Out of $17.4M in revenue.5 The company lost money this year.

Financial statements

Revenue6789105$17.4M in 2025+53% since 2019
0$5.0M$10.0M$15.0M$20.0M2019: $11.4M$11.4M20192020: $13.1M$13.1M2020+15%2021: $16.9M$16.9M2021+29%2022: $16.0M$16.0M2022−5%2023: $13.8M$13.8M2023−14%2024: $15.0M$15.0M2024+9%2025: $17.4M$17.4M2025+16%
Gross profit6789105$10.5M in 2025+22% since 2019
0$5.0M$10.0M$15.0M2019: $8.7M$8.7M20192020: $10.4M$10.4M2020+20%2021: $12.6M$12.6M2021+21%2022: $10.0M$10.0M2022−21%2023: $8.3M$8.3M2023−17%2024: $9.0M$9.0M2024+9%2025: $10.5M$10.5M2025+17%
Operating income6789105-$19.9M in 2025+88% since 2019
-$30.0M-$20.0M-$10.0M02019: -$10.6M-$10.6M20192020: -$12.0M-$12.0M2020+14%2021: -$20.4M-$20.4M2021+69%2022: -$25.0M-$25.0M2022+23%2023: -$17.3M-$17.3M2023−31%2024: -$11.2M-$11.2M2024−35%2025: -$19.9M-$19.9M2025+78%
Net income6789105-$21.2M in 2025+97% since 2019
-$30.0M-$20.0M-$10.0M02019: -$10.8M-$10.8M20192020: -$12.1M-$12.1M2020+12%2021: -$20.3M-$20.3M2021+68%2022: -$23.8M-$23.8M2022+18%2023: -$13.6M-$13.6M2023−43%2024: -$11.1M-$11.1M2024−18%2025: -$21.2M-$21.2M2025+90%

Every line of the income statement as filed: the last 2 fiscal years, latest first.5

Period ending2025-12-312024-12-31
Total revenue$17.4M$15.0M
Cost of sales (exclusive of depreciation and amortization shown separately below)$6.9M$6.0M
Gross profit$10.5M$9.0M
General and administrative$27.7M$17.9M
Sales and marketing$1.4M$1.7M
Depreciation and amortization$1.3M$581.0K
Total operating expenses$30.4M$20.2M
Operating loss-$19.9M-$11.2M
Other expense-$1.5M-$110.0K
Other income$145.0K$145.0K
Loss before income taxes-$21.2M-$11.1M
Net loss-$21.2M-$11.1M
Net loss attributable to non-controlling interest-$60.0K
Net loss attributable to stockholders-$21.2M-$11.1M
Net loss per share (basic)-$2.07-$2.22
Net loss per share (diluted)-$2.07-$2.22
Weighted average number of shares of Common Stock outstanding (basic)10.3M shares5.0M shares
Weighted average number of shares of Common Stock outstanding (diluted)10.3M shares5.0M shares

Compare Vivos Therapeutics, Inc. with another company

Corporate structure

Vivos Therapeutics, Inc. sits at the top of its group. 17 entities, 2 countries on record. Switch between the flow chart and the network, and select any entity to see its details.

Major holders of Vivos Therapeutics, Inc.

  • Streeterville Capital LLC Filed SCHEDULE 13G/A on Vivos Therapeutics, Inc., latest Sep 3, 2026 (2 filings since Aug 11, 2026)
  • ARMISTICE CAPITAL, LLC Filed SCHEDULE 13G/A on Vivos Therapeutics, Inc., latest Aug 14, 2026 (4 filings since Feb 14, 2024)
  • V-Co Investors 4 LLC Filed SCHEDULE 13D on Vivos Therapeutics, Inc., latest Jul 15, 2026
  • V-Co Investors 3 LLC Filed SCHEDULE 13D on Vivos Therapeutics, Inc., latest Apr 2, 2026
  • Dawei Luo Filed SCHEDULE 13G on Vivos Therapeutics, Inc., latest Jul 14, 2025
  • V-CO Investors LLC Filed SCHEDULE 13D on Vivos Therapeutics, Inc., latest Jun 16, 2025 (2 filings since Dec 20, 2024)
  • INTRACOASTAL CAPITAL, LLC Filed SCHEDULE 13G on Vivos Therapeutics, Inc., latest Dec 30, 2024
  • Ionic Ventures, LLC Filed SC 13G/A on Vivos Therapeutics, Inc., latest Nov 14, 2024 (2 filings since Sep 24, 2024)
  • Ronald Kirk Huntsman Filed SC 13G/A on Vivos Therapeutics, Inc., latest Feb 14, 2024 (3 filings since Feb 14, 2022)
  • Gurdev Dave Singh Filed SC 13G/A on Vivos Therapeutics, Inc., latest Feb 14, 2022
  • Vivos Therapeutics, Inc. Littleton, Colorado
    • AIM – Detroit, LLC Subsidiary · Colorado, United States
    • Airway Integrated Management Company, LLC Subsidiary · Colorado, United States
    • Airway Intelligence Center, LLC Subsidiary · Utah, United States
    • BioModeling Solutions, Inc. Subsidiary · Oregon, United States
    • Colorado Vivos Therapeutics, Inc. Subsidiary · Colorado, United States
    • First Vivos, Inc. Subsidiary · Texas, United States
    • Nevada Sleep and Airway, Patterson & Associates, PLLC Subsidiary · Nevada, United States
    • Sleep Center of Nevada, Rachakonda & Associates, PLLC Subsidiary · Nevada, United States
    • Sleep Dentistry of Detroit, P.C. Subsidiary · Michigan, United States
    • Sleep Medicine of Detroit, P.C. Subsidiary · Michigan, United States
    • Vivos Airway Alliance, LLC Subsidiary · Colorado, United States
    • Vivos Del Mar Management, LLC Subsidiary · California, United States
    • Vivos Management and Development, LLC Subsidiary · Colorado, United States
    • Vivos Providers Network, LLC Subsidiary · Colorado, United States
    • Vivos Therapeutics (Canada) Inc. Subsidiary · British Columbia, Canada
    • Vivos Therapeutics DSO LLC Subsidiary · Colorado, United States

Built from subsidiaries listed in Exhibit 21 of annual reports filed with the SEC; major holders from Schedules 13D and 13G. Each entity in the chart links to its source.

What it owns

What Vivos Therapeutics, Inc. reports owning in its annual reports to the SEC: buildings, land and equipment, real estate and locations, investments, intangible assets and inventory, at the end of its latest fiscal year and a year before.

Property and equipment

ItemLatestA year beforeChange
Property and equipment, before depreciation$6.7M5 Dec 31, 2025$6.1M5 Dec 31, 2024+9.9%
Accumulated depreciation$2.9M5 Dec 31, 2025$2.8M5 Dec 31, 2024+5.6%
Property and equipment, net$3.8M5 Dec 31, 2025$3.3M5 Dec 31, 2024+13.5%
Operating-lease assets (leased space)$4.2M5 Dec 31, 2025$1.0M5 Dec 31, 2024+303.7%

Real estate and locations

ItemLatestA year beforeChange
Area of land15,000 sq ft5 Dec 31, 202515,000 sq ft10 Dec 31, 20240%

Investments

ItemLatestA year beforeChange
Cash and cash equivalents$2.0M5 Dec 31, 2025$6.3M5 Dec 31, 2024−67.6%

Intangibles and goodwill

ItemLatestA year beforeChange
Goodwill$8.6M5 Dec 31, 2025$2.8M5 Dec 31, 2024+201.5%
Intangible assets, net (excluding goodwill)$4.0M5 Dec 31, 2025$409.0K5 Dec 31, 2024+889.0%
Finite-lived intangibles, gross$6.9M5 Dec 31, 2025$2.8M5 Dec 31, 2024+149.9%
Accumulated amortization$2.9M5 Dec 31, 2025$2.4M5 Dec 31, 2024+22.1%
Finite-lived intangibles, net$4.0M5 Dec 31, 2025$409.0K5 Dec 31, 2024+889.0%

Properties, in its own words

We lease approximately 8,253 rentable square feet of office space from an unaffiliated third party for our corporate office located at 7921 Southpark Plaza, Suite 210, Littleton, Colorado. This lease expires in November 2027. Terms of the office lease currently provide for a base rent payment of $16,506 per month. We also lease 3,643 rentable square feet of space from an unaffiliated third party for our Vivos Center located at 9135 Ridgeline Boulevard, Highlands Ranch, Colorado. This lease expires in January 2029. Terms of the office provide for a base rent payment of $5,465 per month and a share of the building’s operating expenses such as taxes and maintenance of $3,273 per month. Effective May 20, 2019, we entered into a lease at 7001 Tower Road, Denver, Colorado for 14,732 rentable square feet for the Vivos Institute and amended the lease effective March 11, 2022 to increase the premises by 9,129 rentable square feet for a total of 23,861 rentable square feet. This facility was built primarily as a training facility where providers are trained. As part of the acquisition of SCN, we acquired seven additional leases in Nevada with approximately 53,208 rentable square feet of office space for the sleep centers. The lease expirations varies from beginning of 2026 to end of 2034. The terms of the leases provide for an aggregate rent base payments of approximately $63,000 per month. Effective August 20, 2025, we entered into a lease of approximately 3,690 rentable square feet of office space from an unaffiliated third party for our Detroit operations. This lease expires in December 2030. The terms of the lease provide for a base rent payment of $5,535 per month. We also lease approximately 8,996 rentable square feet of office space for our treatment center located in Las Vegas, Nevada. This lease expires in October 2031. The terms of the lease provide for a base rent payment of $16,902 per month. Lastly, we lease approximately 8,113 rentable square feet of office space for our sleep center and treatment center in Henderson, Nevada. The lease expires in January 2033. We believe that these facilities are adequate for our current and near-term future needs.

Item 2 of the 10-K filed Apr 15, 2026.4

Leadership

Who has led Vivos Therapeutics, Inc., and when. Pick a name to see everywhere that person has worked.

Board members and other officers (9)

Subsidiaries and ownership

Subsidiaries (Exhibit 21)

  • AIM – Detroit, LLC Colorado3
  • Airway Integrated Management Company, LLC Colorado3
  • Airway Intelligence Center, LLC Utah3
  • BioModeling Solutions, Inc. Oregon3
  • Colorado Vivos Therapeutics, Inc. Colorado3
  • First Vivos, Inc. Texas3
  • Nevada Sleep and Airway, Patterson & Associates, PLLC Nevada3
  • Sleep Center of Nevada, Rachakonda & Associates, PLLC Nevada3
  • Sleep Dentistry of Detroit, P.C. Michigan3
  • Sleep Medicine of Detroit, P.C. Michigan3
  • Vivos Airway Alliance, LLC Colorado3
  • Vivos Del Mar Management, LLC California3
  • Vivos Management and Development, LLC Colorado3
  • Vivos Providers Network, LLC Colorado3
  • Vivos Therapeutics (Canada) Inc. British Columbia3
  • Vivos Therapeutics DSO LLC Colorado3

The subsidiaries the company lists in Exhibit 21 of its annual report, as filed.

Former names

  • Vivos BioTechnologies, Inc.Sep 28, 2017 to Sep 29, 20172

Timeline

  1. Oct 15, 20268-K Entered a material agreement; Regulation FD disclosure; Other events23
  2. Oct 1, 20268-K Change of auditor24
  3. Sep 8, 20268-K Entered a material agreement; Unregistered sale of shares25
  4. Sep 8, 20268-K Entered a material agreement; Unregistered sale of shares26
  5. Aug 21, 20268-K Regulation FD disclosure27
  6. Aug 11, 20268-K Regulation FD disclosure28
  7. Aug 3, 20268-K Entered a material agreement; Executive or director change29
  8. Jul 7, 20268-K Entered a material agreement; Unregistered sale of shares; Bylaws or fiscal year changed30
  9. Jun 25, 20268-K Entered a material agreement; Regulation FD disclosure31
  10. Jun 16, 20268-K Entered a material agreement; Regulation FD disclosure32
  11. Jun 16, 20268-K Other events33
  12. Jun 8, 20268-K Entered a material agreement; New debt or obligation; Listing notice or transfer34
  13. Dec 10, 2020New chief executive Ronald Kirk Huntsman becomes CEO13

Calendar

Coming up

  1. Nov 18, 2026Reports results for the quarter ending Sep/2026 A year earlier it reported ($0.49) a share, on Nov 19, 2025.35

When it reported results

  1. Apr 15, 2026Reported quarterly or annual results36
  2. Nov 19, 2025Reported quarterly or annual results37
  3. Aug 20, 2025Reported quarterly or annual results38
  4. May 15, 2025Reported quarterly or annual results39
  5. Mar 31, 2025Reported quarterly or annual results40
  6. Nov 14, 2024Reported quarterly or annual results41
  7. Aug 15, 2024Reported quarterly or annual results42
  8. May 15, 2024Reported quarterly or annual results43

Upcoming dates from Nasdaq's calendar; past results from the company's 8-K filings (Item 2.02). The full markets calendar

Filings

215 filings to the SEC since October 2021: 6 annual reports, 16 quarterly reports, 75 major events, 33 insider forms, 18 large holders, 67 other. The latest 20:

  1. Oct 15, 20268-K EDGAR
  2. Oct 1, 20268-K EDGAR
  3. Sep 18, 20264 EDGAR
  4. Sep 18, 20264 EDGAR
  5. Sep 18, 20264 EDGAR
  6. Sep 8, 20268-K/A EDGAR
  7. Sep 8, 20268-K EDGAR
  8. Sep 3, 2026SCHEDULE 13G/A EDGAR
  9. Aug 26, 20264 EDGAR
  10. Aug 21, 20268-K EDGAR
  11. Aug 14, 202610-Q EDGAR
  12. Aug 14, 2026SCHEDULE 13G/A EDGAR
  13. Aug 11, 2026SCHEDULE 13G EDGAR
  14. Aug 11, 20268-K EDGAR
  15. Aug 3, 20268-K EDGAR
  16. Jul 15, 20264 EDGAR
  17. Jul 15, 20263 EDGAR
  18. Jul 15, 2026SCHEDULE 13D EDGAR
  19. Jul 7, 20268-K EDGAR
  20. Jun 25, 20268-K EDGAR

The 215 filings since October 2021 can be filtered by form type and year here when JavaScript is on.

Every filing from the last five years, summarized. The full record is on SEC EDGAR.

Insider trades

8 open-market trades by officers, directors and large owners since October 2021: 8 buys and 0 sales. Grants, option exercises and gifts are left out.

DateWhoTradeSharesPriceValueFiling
Mar 31, 2026V-Co Investors 3 LLC10% ownerBuy1,353,625$1.34$1.8MForm 4
Jun 20, 2023Huntsman Ronald KirkChief Executive OfficerBuy14,000$0.53$7.4KForm 4
Jun 16, 2023Huntsman Ronald KirkChief Executive OfficerBuy15,000$0.54$8.1KForm 4
Jun 15, 2023Huntsman Ronald KirkChief Executive OfficerBuy21$0.50$10Form 4
Jun 14, 2023Huntsman Ronald KirkChief Executive OfficerBuy10,000$0.49$4.9KForm 4
Dec 23, 2022Huntsman Ronald KirkChief Executive OfficerBuy20,000$0.50$10.0KForm 4
Jun 1, 2022Huntsman Ronald KirkChief Executive OfficerBuy4,000$1.83$7.3KForm 4
May 31, 2022Huntsman Ronald KirkChief Executive OfficerBuy8,000$2.03$16.2KForm 4

From Forms 4 filed with the SEC.

Major holders

Investors who own more than 5% of the shares must tell the SEC: a 13D if they may seek to influence the company, a 13G if they hold passively.

Executive pay

What the company paid its top executives, from the summary compensation table in its proxy statement. Total pay includes salary, bonus, stock and option awards and other pay, as the company valued them.

YearExecutiveAgeSalaryTotal pay
2024R. Kirk Huntsman67$408.7K$1.3M54
2024Bradford Amman63$267.6K$705.9K54
2023Chief Executive Officer$373.5K$567.8K54
2023Chief Financial Officer$253.7K$340.1K54

Held by these funds

The largest holders among investment managers' 13F reports for the quarter ending Jun 30, 2026. Change is in shares since the quarter before.

FundSharesValueShare of the fundChange
Geode Capital Management, LLC85,001$38.6K0.0%−10,542
IHT Wealth Management, LLC76,736$34.9K0.0%+35,675
Vanguard Capital Management LLC60,629$27.6K0.0%−212,700
Commonwealth Equity Services, LLC42,500$19.3K0.0%No change
B. Riley Wealth Advisors, Inc.38,066$18.8K0.0%No change
UBS Group AG39,154$17.8K0.0%+28,108
Centurion Wealth Management LLC35,684$16.2K0.0%No change
BlackRock, Inc.27,817$12.6K0.0%No change
State Street Corp24,922$11.3K0.0%No change
Sequoia Financial Advisors, LLC24,000$10.9K0.0%No change
Vanguard Fiduciary Trust Co23,432$10.7K0.0%−7,400
Northern Trust Corp20,775$9.4K0.0%+8,264
Acorn Wealth Advisors, LLC14,776$6.7K0.0%No change
Susquehanna International Group, Llp10,075$4.6K0.0%New
Tower Research Capital LLC (TRC)5,211$2.4K0.0%−2,177
Osaic Holdings, Inc.1,143$5160.0%No change
Signaturefd, LLC547$2490.0%No change
Integrated Wealth Concepts LLC320$1440.0%New
Blue Trust, Inc.160$730.0%No change
Kozak & Associates, Inc.49$240.0%No change
Global Retirement Partners, LLC23$100.0%New
Morgan Stanley7$30.0%No change
Royal Bank Of Canada4$00.0%No change

13F reports cover disclosed long positions in U.S. stocks only.

SEC filer profile

How Vivos Therapeutics, Inc. is registered with the Securities and Exchange Commission, from its EDGAR record and the cover page of its latest annual report.

  • Name on EDGARVivos Therapeutics, Inc.1
  • CIK0001716166
  • Employer ID (EIN)81-32240564
  • Filer statusNon-accelerated filer not an emerging growth company; a smaller reporting company; a shell company4
  • Incorporated inDelaware4
  • Fiscal year endsDecember 311
  • Industry code (SIC)3841 Surgical & Medical Instruments & Apparatus1
  • SEC reviewing officeOffice of Industrial Applications and Services, Division of Corporation Finance1
  • Business address7921 Southpark Plaza,, Suite 210, Littleton, CO 801201
  • Phone(866)908-48671
  • Shares outstanding20,118,023 as of Aug 13, 202612
  • Public float$22.9M as of Jun 30, 20254
  • AuditorBaker Tilly US, LLP, Denver, Colorado PCAOB ID 23; no auditor attestation of internal control over financial reporting4
  • On EDGAR sinceSep 28, 20171
  • Filings292 in all: 8-K (83), 4 (43), 10-Q (17), CORRESP (16), UPLOAD (13), 3 (12), EFFECT (12), S-1 (7)1
    All 39 form types

    S-1/A (7), 10-K (6), NT 10-Q (6), SC 13G/A (6), 424B1 (5), 424B5 (5), DEF 14A (5), SCHEDULE 13G (5), S-3 (4), SC 13G (4), 424B3 (3), 424B4 (3), D (3), DEFA14A (3), SCHEDULE 13D (3), 8-K/A (2), DRS (2), S-1MEF (2), S-3/A (2), SCHEDULE 13G/A (2), 10-K/A (1), 10-Q/A (1), 3/A (1), 5 (1), 8-A12B (1), CERT (1), D/A (1), NT 10-K (1), POS AM (1), PRE 14A (1), S-8 (1)

  • Latest filingsAnnual report (10-K) Apr 15, 2026
    Quarterly report (10-Q) Aug 14, 2026
    Proxy statement (DEF 14A) Sep 29, 2025
    Latest 8-K (8-K) Oct 15, 2026

Securities registered for trading

ClassSymbolExchange
Common stock, par value $0.0001 per shareVVOSNasdaq

From the cover page of the 10-K filed Apr 15, 2026 (Section 12(b) of the Exchange Act).4

Risk factors and legal proceedings

The risks Vivos Therapeutics, Inc. names in Item 1A of its 10-K filed Apr 15, 2026: 52 risks under these headings, as written.4

  • Risks Related to Our Business and Industry
  • Our business has a limited operating history, and we continue to refine our business model, which makes it difficult to evaluate and compare our past performance with both current performance and future prospects. Moreover, we have recently made significant strategic, operational and staffing changes to our business, and it is impossible to know how or if such changes will increase future revenue and earnings.
  • We have a history of operating losses and may never achieve cash flow positive or profitable results of operations.
  • We will need to raise additional capital to bolster our stockholders’ equity and to fund and grow our business. Such funding, even if obtained, could result in substantial dilution or significant debt service obligations. We may not be able to obtain additional capital on commercially reasonable terms in a timely manner or at all, which could adversely affect our liquidity, financial position, and ability to continue operations.
  • We previously identified material weaknesses in our internal controls and may identify additional material weaknesses in the future or otherwise fail to operating effectiveness of our review controls, which may result in material misstatements of our consolidated financial statements or cause us to fail to meet our periodic reporting obligations.
  • We expect to derive a substantial portion of our prospective future revenue from sales of our appliances and treatment pursuant to our new strategic alliance and acquisition models, which leaves us reliant on the commercial viability of The Vivos Method and other associated products and services.
  • A material portion of our future revenue is expected to derive from sales of our appliances and other closely related diagnostic and therapeutic services to patients through dentists and other medical professionals, who are part of various Vivos-supported Medical and Dental Service Organizations (MSOs / DSOs) which we intend to form in various states, and which leave us reliant on our ability to establish, staff, and operate such operations successfully across diverse and geographically dispersed markets.
  • Our future operating results are difficult to predict and may vary significantly from quarter to quarter, which may adversely affect the price of our common stock.
  • We may not be able to respond in a timely and cost-effective manner to changes in consumer preferences.
  • Our business and results of operations may be impacted by the extent to which patients using The Vivos Method achieve adequate levels of third-party insurance reimbursement, or the extent to which third party patient financing is available.
  • Our products and third-party contract manufacturing activities are subject to extensive governmental regulation that could prevent us from manufacturing or obtaining Vivos appliances or introducing new and/or improved products in the United States or internationally.
  • Our products are currently recommended only by a relatively small minority of medical sleep specialists, who are integral to the diagnosis and treatment of sleep breathing disorders. Accordingly, our ability to scale our business is thus highly dependent on the expansion of qualified medical sleep specialists who will support and recommend the Vivos Method to their patients.
The other 41 risks
  • We may not be able to protect our patents and proprietary technology and may become subject to intellectual property claims or litigation.
  • We face the risk of product liability claims that could be expensive, divert management’s attention and harm our reputation and business.
  • Our relationships with VIPs, other healthcare providers, and third-party payors will be subject, directly or indirectly, to federal and state healthcare fraud and abuse laws, false claims laws, health information privacy and security laws, and other healthcare laws and regulations. If we are unable to comply, or have not fully complied, with such laws, we could face substantial penalties.
  • The misrepresentation, misuse or off-label use of The Vivos Method or other Vivos products and services could result in injuries that lead to product liability suits or result in costly investigations, fines or sanctions by regulatory bodies if we are deemed to have engaged in the promotion of these uses, any of which could be costly to our business.
  • We have engaged in and will continue to pursue acquisitions of, or affiliations with, medical or dental practices or complementary businesses or technologies, which could divert the attention of management, and which may not be integrated successfully into our existing business.
  • We could be subject to lawsuits for which we are not fully insured.
  • We depend on certain key personnel.
  • Members of our board of directors and our executive officers will have other business interests and obligations to other entities.
  • We will need to carefully manage our expanding operations to achieve sustainable growth.
  • We could be adversely affected by violations of the U.S. Foreign Corrupt Practices Act and similar worldwide anti-bribery and anti-kickback laws with respect to our activities outside the United States.
  • Risks Related to Our Products and Regulation
  • We depend in large part on The Vivos Method technology, and the loss of regulatory approval or access to this technology would terminate or delay the further development of our products, injure our reputation or force us to pay higher fees.
  • Our failure to obtain government approvals, including required FDA approvals, or to comply with ongoing, and ever increasing, governmental regulations relating to our technologies and products could delay or limit introduction of our products and result in failure to achieve revenue or maintain our ongoing business.
  • We cannot assure that we will be able to complete any required clinical trial programs successfully within any specific time period, and if such clinical trials take longer to complete than we project, our ability to execute our current business strategy will be adversely affected.
  • The results of our clinical trials may not support either further clinical development or the commercialization of any new product candidates or modifications to existing products.
  • Modifications to appliances within The Vivos Method may require additional FDA approvals which, if not obtained, could force us to cease marketing and/or recall the modified device until we obtain new approvals.
  • We are subject to regular inspection and market surveillance by the FDA to determine compliance with regulatory requirements.
  • Treatment with The Vivos Method has only been available for a relatively limited time, and we do not know whether there will be significant post-treatment regression or relapse.
  • Our medical-provider focused alliance marketing and distribution model under which will seek to acquire or create alliances with healthcare providers, may implicate federal and state laws involving the practice of medicine and related anti-kickback and similar laws.
  • Risks Related to Our Acquisition of the Sleep Center of Nevada (“SCN”)
  • In 2024 and 2025, we worked to pivot our sales, marketing distribution model, including via the acquisition of the Sleep Center of Nevada (the “SCN Acquisition”). However, we have limited experience operating this business model, and it may not produce the benefits we anticipate. This makes it difficult to evaluate our future prospects and may increase the risk of your investment.
  • We have incurred substantial indebtedness in connection with financing the SCN acquisition, the cost of servicing that debt could adversely affect our business, financial condition, and results of operation, and we may not be able in the future to service that debt.
  • Integrating SCN’s operations may be more difficult, costly, or time-consuming than expected.
  • If our contractual arrangements between Airway Integrated Management Company, LLC, a Colorado limited liability company and a wholly-owned subsidiary of the Company (“AIM”) and our physicians at SCN are found to constitute the improper rendering of medical services or to violate corporate practice of medicine or dentistry or fee splitting under applicable state laws, our business, financial condition and our ability to operate in those states could be adversely impacted.
  • As a result of our business model pivot which includes the acquisition of sleep centers like SCN, we may become a party to lawsuits, demands, claims, qui tam suits, governmental investigations and audits and other legal matters, any of which could result in, among other things, substantial financial and other penalties, damage to our reputation or adverse effects on our ability to conduct business.
  • Changes in the structure and payment rates under private insurance, Medicare, Medicaid or other non-Medicare government-based programs or payment rates related to our business could have a material adverse effect on our business, results of operations, financial condition and cash flows.
  • Our business and the medical practices we manage are labor intensive. Our inability to recruit qualified talent, including but not limited to sufficient numbers of dentists, physicians, nurse practitioners, or other clinical support personnel and manage labor costs or shortages could result in significant increases in our operating costs, decreases in productivity, and disruptions in our business operations.
  • Risks Related to Our Securities Generally
  • We have issued a large number of shares of common stock and warrants to purchase common stock in connection with financing activities. Substantial future sales of such shares of our common stock could cause the market price of our common stock to decline or have other adverse effects on our Company.
  • The market price of our common stock has been and may continue to be highly volatile, and you could lose all or part of your investment
  • Our failure to meet the continuing listing requirements of The Nasdaq Capital Market, including the minimum stockholders’ equity requirement and minimum bid price requirements, could result in a delisting of our securities.
  • If our shares of common stock become subject to the penny stock rules, it would become more difficult to trade our shares.
  • Actions of activist shareholders could be disruptive and potentially costly and the possibility that activist shareholders may seek changes that conflict with our strategic direction could cause uncertainty about the strategic direction of our business.
  • Seneca and its affiliates own a significant percentage of our common stock and are thus able to exert significant control over matters subject to stockholder approval and otherwise.
  • We continue to incur increased costs as a result of operating as a public company, and our management will be required to devote substantial time to new compliance initiatives.
  • Certain provisions of our Certificate of Incorporation may make it more difficult for a third party to effect a change-of-control.
  • Our bylaws designate certain courts as the sole and exclusive forum for certain types of actions and proceedings that may be initiated by our stockholders, which could limit our stockholders’ ability to obtain a favorable judicial forum for disputes with us or our directors, officers, or employees.
  • Limitations on director and officer liability and indemnification of our officers and directors by us may discourage stockholders from bringing suit against an officer or director.
  • We are responsible for the indemnification of our officers and directors.
  • Our ability to use our net operating losses and research and development credit carryforwards to offset future taxable income may limited, perhaps substantially.
  • The financial and operational projections that we may make from time to time are subject to inherent risks.
  • If we were to dissolve, the holders of our securities may lose all or substantial amounts of their investments.
  • Because we do not anticipate paying any cash dividends on our capital stock in the foreseeable future, capital appreciation, if any, will be your sole source of gain.
  • If securities or industry analysts do not publish or cease publishing research or reports about us, our business or our market, or if they change their recommendations regarding our common stock adversely, the price of our common stock and trading volume could decline.

Legal proceedings

From time to time, we may become involved in various lawsuits and legal proceedings which arise in the ordinary course of business. Below is a description of our outstanding pending litigation matters. Litigation is subject to inherent uncertainties and an adverse result in the below described or other matters may arise from time to time that may harm our business.

On June 5, 2020, we filed suit against Ortho-Tain, Inc. (“Ortho-Tain”) in the United States District Court for the District of Colorado seeking relief from certain false, threatening, and defamatory statements to our business affiliate, Benco Dental (“Benco”). We believed such statements have interfered with our business relationship and contract with Benco, causing harm to our reputation, loss of goodwill, and unspecified monetary damages. On February 12, 2021, we amended our complaint to add claims for false advertising and unfair business practices, as well as additional variants of the original claims to address Ortho-Tain’s alleged false advertising campaign against us in the fall of 2020. Our amended complaint sought permanent injunctive relief to prevent what we believe are defamatory statements and interference with our business relationships by Ortho-Tain.

The opening of Item 3, Legal Proceedings.4

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