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QLess:
Innovating Through Restructuring

 

 

August 14, 2024

 

On June 19, 2024, QLess, Inc., a trailblazer in queue management and customer interaction software, filed for Chapter 11 bankruptcy protection in the United States Bankruptcy Court for the District of Delaware. This strategic move aims to restructure debt, resolve legal challenges, and position the company for future growth. Despite facing financial hurdles, QLess has seen improvements in customer retention and growing recurring revenue. Simultaneously, the company is transitioning to its new Tempo platform, a move that, while costly in the short term, is intended to enhance its competitive position in the future.

 

A Legacy of Innovation in Queue Management

 

Founded in 2009 by Alex Bäcker in Pasadena, California, QLess revolutionized queue management by eliminating physical waiting lines. The company's platform, which now manages over 30 million visits annually, started by addressing the needs of higher education institutions, local governments, and theme parks. These markets, which made up over 80% of QLess’s customer base, benefited greatly from the company's innovative solutions.

 

Bäcker’s vision was to eliminate the traditional method of waiting in line, which often involved taking a paper ticket and sitting in a lobby. Instead, QLess enabled customers to join a virtual line from the comfort of their homes. The technology would then notify them via text when it was time to arrive for service, significantly improving customer convenience and satisfaction.

 

Over time, QLess expanded its offerings to include appointment scheduling, customer satisfaction ratings, and operational reports. These features allowed businesses to serve hundreds of customers per day more efficiently. As QLess continues to explore new markets, the company’s ambitious goal is to reach one billion visits per year across its platform by 2028–2030.

 

From Linebuster to Tempo: A Necessary Transition

 

A key factor in QLess's current situation is the transition from its legacy product, Linebuster, to a new, more sophisticated platform called Tempo. This transition was necessary due to the severe technical limitations of Linebuster, which hindered the company’s ability to scale and meet the evolving needs of its customers.

 

Recognizing the need for a new direction, QLess's board of directors brought in James Harvey as CEO in April 2022. Harvey, with 25 years of experience in creating, commercializing, and selling business software, was tasked with spearheading the development and launch of Tempo.

 

Tempo represents a significant upgrade, offering more versatility and power than its predecessor. However, this transition comes with considerable costs:

 

 

  • The "bubble cost" of supporting both platforms simultaneously

 

  • Additional resources required for customer migration

 

While these costs have put a strain on the company’s finances in the short term, QLess believes that Tempo will ultimately provide a superior product to its customers and enhance its competitiveness in the market.

 

Improving Financial Metrics Amid Challenges

 

Despite operating with negative EBITDA for several years, QLess has shown improvements in key financial metrics. Annualized Recurring Revenue (ARR), a critical measure of the company’s financial health, has grown from $7.5 million in early 2022 to $9.1 million currently. Customer retention has also improved significantly, increasing from around 80% in 2022 to a projected 90%.

 

However, the company continues to face significant financial hurdles. QLess is projected to report a net operating loss of approximately $5 million for fiscal year 2024. Additionally, the company has $6.25 million in secured debt to Celtic Bank Corporation and approximately $400,000 in trade payables and other unsecured claims.

 

Legal Challenges

 

Compounding QLess's financial challenges is a significant legal dispute with founder Alex Bäcker and other former shareholders. Filed in December 2023, the Shareholder Lawsuit alleges breaches of fiduciary duties related to a 2021 merger transaction that recapitalized QLess. The lawsuit, which is being vigorously contested by QLess, has already cost the company $1 million in legal fees over just six months.

 

This legal battle has had several negative impacts on QLess:

 

  • Management distraction from core business operations

 

  • Obstacles to pursuing strategic partnerships

 

  • The potential for significant financial liabilities

 

The company’s efforts to achieve profitability and explore strategic partnerships have been hampered by the ongoing litigation. Nevertheless, QLess remains committed to resolving these issues through the Chapter 11 process.

 

Restructuring Goals

 

Through the Chapter 11 process, QLess aims to:

 

  • Restructure its long-term debt

 

  • Resolve ongoing litigation

 

  • Complete the transition to the Tempo platforms

 

  • Pursue potential strategic partnerships

 

To support its operations during the bankruptcy process, QLess has secured a debtor-in-possession financing facility of up to $3.5 million from its largest shareholders. This financing is crucial to maintaining business continuity and providing the company with the necessary liquidity to complete its restructuring efforts.

 

Looking Ahead

 

QLess intends to continue normal business operations throughout the restructuring process, maintaining its workforce of approximately 19 full-time and 1 part-time employees. The company has set ambitious goals for the post-bankruptcy period, including:

 

  • Achieving EBITDA neutrality by the end of fiscal year 2025

 

  • Fully transitioning its customer base to the Tempo platform

 

  • Expanding its market share in key industries

 

As QLess navigates this challenging period, its improving customer retention and growing recurring revenue provide a foundation for potential future success. The outcome of this case will offer valuable insights into how tech companies can use Chapter 11 to address financial and legal challenges while continuing to innovate.

 

For QLess, this bankruptcy filing represents an opportunity to refocus on core strengths, resolve longstanding issues, and aim to emerge as a stronger competitor in the queue management and customer interaction software market. As the case progresses, industry observers will be watching closely to see how QLess balances innovation with financial restructuring in the evolving tech landscape.

 

QLess's first day declaration can be found here.  The initial motions filed in Qless's Chapter 11 case are listed below.

 

Docket No.

Document

3

Verita Global Retention Application

4

Taxes Motion

5

Wages Motion

6

Cash Management Motion

7

DIP Financing and Cash Collateral Motion

9

First Day Declaration

 

 

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