Terms of Use for the Users
(Effective: 4 November 2026)
Thank you for using Pilates & Beyond. These Terms of Use for the Users (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Pilates & Beyond website at https://pilatesandbeyond.in and/or the “Pilates & Beyond” mobile application (available on Google Play and the Apple App Store) (collectively referred to as the “Platform”) made available to you by PICO Enterprises Private Limited including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the "Services").
In order to use the Services, you must first agree to the Terms, our privacy policy at https://pilatesandbeyond.in/privacy-policy (“Privacy Policy”) and our transfer, cancellation and refund policy at https://pilatesandbeyond.in/refund-policy/ (“Cancellation and Refund Policy”) (collectively referred to as the “Agreement”). You can accept the Terms by:
- Clicking to accept or agree to the Terms, where it is made available to you by Company on the Platform for any particular Service; or
- Using the Services. In this case, you understand and agree that Company will treat your use of the Services as acceptance of the Terms from that point onwards.
This Agreement sets out the Terms under which the User(s) (hereinafter defined) are permitted to use the Platform and the Services (hereinafter defined) available thereunder.
The terms ‘You’ or ‘Your’ refer to You as a User(s), and the terms ‘Pilates & Beyond’, ‘P&B’, ‘We’, ‘Us’, ‘Company’, and ‘Our’ refer to PICO Enterprises Private Limited.
We may change, modify or otherwise amend these Terms at any time by posting an updated version of these Terms on the Platform (defined hereunder). The updated version of these Terms shall take effect immediately upon posting and may be notified, via the Platform or any other mode of communication as provided to Us by You. It is your responsibility to review these Terms periodically for updates / changes and you are encouraged to check these Terms frequently. Your use of the Platform following any amendment of these Terms will signify your assent to and acceptance of any revised Terms. If you do not agree to abide by these or any future Terms, please do not use or access the Platform.
You have the right to opt-out of agreeing to these Terms, and therefore also using the Platform. If you are not comfortable with any of the Terms or do not wish to be bound by the same, you are at liberty to refrain from using the Platform and the Services. However, please be aware that your use of the Services would mean deemed acceptance of these Terms and its associated policies, including any modifications thereof. As long as you comply with these Terms, We grants you a personal, non-exclusive, non-transferable, limited and revocable license to use the Services (as defined below).
The Terms are published in accordance with the provisions laid down under Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 and the same constitutes “Electronic Record” within the meaning of Section 2(t) of the Information Technology Act, 2000 and the Rules framed thereunder. These Terms are also governed by all applicable laws including but not limited to Indian Contract Act, 1872. These Terms being an electronic record does not require any signature.
1. THE WEBSITE
1.1. This Platform is coined, adopted, maintained and operated by PICO Enterprises Private Limited, a Company incorporated under Laws of India, having its registered office at, Plot No. 12, Flat No. 201, Yusuf Manzil, Durga Vihar Colony, Trimulgherry, Hyderabad, Secunderabad, Telangana – 500015.
1.2. Pilates & Beyond is set up to leverage the power of digital technology to provide clients (“User(s)”)with access to Pilates and fitness studio services, including booking of classes and sessions, management of membership and packages, tracking of attendance and fitness progress, and engagement with the studio community through the Pilates & Beyond studios (“Studio(s)”) and their authorized staff (“Authorized User(s)”) by facilitating a technological ecosystem for the management of the network for scheduling, communication, and service delivery between Studios and their Users.
2. USERS
2.1. The Platform can be accessed by any User(s). A User is someone who has created an account in accordance with Clause 4 of these Terms and who has been provided with an username and password by Pilates & Beyond, or someone who has not created an account with Pilates & Beyond and only has access to limited information available on the Platform.
2.2. Users understand and acknowledge that the Studios may be owned, operated or managed by independent franchisees (“Studio Operators”) and their Authorized Users are governed by Terms of Use for Authorized Users available at https://pilatesandbeyond.in/staff-terms/. Users agree to read, understand and accept the Terms and Conditions for Authorized Users before availing services from such Authorized User or Studios over the Platform.
2.3. The User agrees that their consent shall be deemed to have been given, in accordance with applicable law, for storing, feeding, transmitting, modifying, or processing any information or data submitted by them on the Platform, including but not limited to their personal, fitness, and health-related information submitted through the Fitness Form, My Diary, or otherwise.
2.4. Pilates & Beyond does not independently verify, authenticate, or monitor the accuracy of any information uploaded by a User through or on the Platform, including any fitness or health-related information submitted by the User. The manner in which Pilates & Beyond processes and maintains such information is set out in our Privacy Policy. The primary responsibility for the correctness and currency of the information submitted rests with the User, as set out in Clause 4.5.
3. ELIGIBILITY
The User shall be persons who are "competent to contract" within the meaning of the Indian Contract Act, 1872 or the relevant laws in your jurisdiction. If the User is not a person competent to contract under the Indian Contract Act, 1872 or any other applicable law, the Company shall have a right to restrict such User from accessing the Platform. A parent or legal guardian may, however, create a User Account and purchase or manage a membership on behalf of a User below 18 (eighteen) years of age, and shall be responsible for such User's compliance with these Terms and shall indemnify Pilates & Beyond against any breach thereof by such User.
4. USER ACCOUNT
4.1. For the purposes of availing Services under these Terms, the User is required to obtain registration in accordance with the procedure determined by Pilates & Beyond (“User Account”). As a part of the registration process, Pilates & Beyond may collect certain information from the User including but not limited to (a) Full Name; (b) Gender; (c) Mobile Number; (d) preferred Branch; and (e) an optional Referral or Reference Code, with the Mobile Number verified via a One-Time Password (OTP).
4.2. The User agrees to provide additional information on the Platform for availing Services over the Platform for availing Services over the Platform, including but not limited to email address, date of birth, weight, height, body measurements, fitness goals, fitness level, and other health-related information submitted through the Fitness Form or My Diary feature.
4.3. The creation of a User Account shall be at the sole discretion of Pilates & Beyond. A User Account can only be utilized by the person whose details have been provided and Pilates & Beyond does not permit multiple users to share a single User Account, unless duly notified and approved by Pilates & Beyond. However, a User who is the parent or legal guardian of a Minor may operate a User Account on behalf of such minor in accordance with, and subject to the guardian obligations set out in, Clause 3.
4.4. The User shall be responsible for any access of the Platform through the respective User Account, whether such access is directly by the User or through any third party. The User Account will also be responsible and liable to Us for all activities that take place or occur in the User Account. The User agrees that its ability to log into the User Account is dependent upon external factors such as internet service providers and internet network availability and we will not be liable to any User for any damage or consequences arising from such User’s inability to log into the User Account.
4.5. The User shall ensure that all the information provided to Pilates & Beyond for the purposes of registration or otherwise are accurate and correct at all the times. Further, the Users shall make best efforts to correct/update any information which in its knowledge is inaccurate or has changed by initiating the procedure as provided under the Privacy Policy. If Pilates & Beyond has a reasonable ground to suspect that the information provided by an User is inaccurate or misleading, Pilates & Beyond reserves the right to discontinue the registration of such User. Where inaccurate or outdated information provided by the User is used by Pilates & Beyond to make a decision affecting the User (including in relation to fitness assessments, session eligibility, or safety), Pilates & Beyond shall not be liable for any consequence arising from such inaccuracy.
5. REPRESENTATION AND WARRANTIES
5.1. When you use our Platform, you are representing to us that:
(a) Your use of the Platform shall not violate any applicable law, and that you fulfil the eligibility criteria set forth under Clause 3 of these Terms;
(b) All registration information you submit is truthful, complete and accurate and you will maintain the accuracy of such information;
(c) Your use of the Platform, or its content is only for personal purposes. Your personal and non-commercial use of the Platform prevents you from decompiling, reverse engineering, disassembling content, removing any intellectual property right associated with our Platform, including copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices;
(d) You shall not access or use the Platform in any manner that may be harmful to the operation of the Platform or its content;
(e) You shall not use the Services in any way that is unlawful, or harms Pilates & beyond or any other person or entity;
(f) You will not post, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform;
(g) You will not delete or modify any content of the Platform, such as legal notices, disclaimers or proprietary notices, copyright or trademark symbols and logos;
(h) You are physically and medically fit to participate in the classes/sessions booked through the Platform, and you have disclosed all relevant medical conditions, injuries, or limitations, and provided true and accurate health screening responses, through the Fitness Form to the best of your knowledge. You voluntarily assume the risks associated with physical activity undertaken based on such information, and you hereby knowingly and voluntarily assume all such risks and release Pilates & Beyond, its instructors, and affiliates from all liability arising out of injury, loss, or damage sustained in connection with your participation in such classes/sessions, except to the extent caused by the gross negligence or wilful misconduct of Pilates & Beyond and agree to inform the relevant Studio Operator of any change in your health, injury or medical condition that may affect your ability to participate safely and to obtain medical clearance where required by the Studio Operator.
(i) Any content posted, uploaded, or shared by you on the Platform, including through the Community feature or My Diary, is your own original content or you have the necessary rights, licenses, and permissions to post such content; such content does not infringe upon the intellectual property, privacy, or other rights of any third party; and such content is not defamatory, obscene, offensive, unlawful, or otherwise objectionable;
(j) Your use of the Platform shall indicate that you have provided consent to automatically receive updates such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, ‘Updates’), for the purpose of effective delivery of the Services. Please note that your continued use of the Platform following such Updates would mean deemed acceptance by you of the same.
5.2. The Services, including all content, software, functions, material, and information made available or accessible through it are provided on an “as is” basis. Pilates & Beyond and its affiliates, directors, employees, agents, co-branders or partners, make no representation and warranty of any kind, express or implied, for the content, software, functions, material, and information available/accessible through the Services.
5.3. Pilates & Beyond does not warrant that the functions contained in content, information and materials on the Platform, including, without limitation any third-party sites or services linked to the Platform will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Platform or the servers that make such content, information, and materials available are free of virus or other harmful components.
6. SCOPE OF SERVICES
A User having an account on the Platform may avail the following services on the Platform (“Services”):
6.1. Dashboard
(a) The User shall have access to a dashboard ("Home") reflecting their session summary (total and pending sessions) and active package status, with options to browse available packages, freeze their membership, and view their session history. The dashboard also reflects the User's upcoming session bookings and provides quick access to My Coupons, Refer a Friend, Browse Plan, and Contact Us.
6.2. Booking and Management of Classes or Sessions:
(a) The User may view their session summary (total and pending sessions) and active package status, browse and book available Group or Private Pilates classes, and view their upcoming session schedule.
(b) The User may freeze their membership, view their session/booking history, and access quick features including My Coupons, Refer a Friend, Browse Plan, and Contact Us.
(c) The User may cancel or reschedule a booked class or session in accordance with the timeline provided under the Cancelation and Refund Policy. Cancellations made after the specified window, or repeated failure to attend a booked class or session without cancellation ("No-Show"), may result in forfeiture of the session, and/or a penalty in accordance with Pilates & Beyond's cancellation policy as communicated on the Platform. Pilates & Beyond reserves the right to restrict a User's ability to book future classes or sessions in the event of excessive cancellations or No-Shows.
6.3. Membership Plans
(a) The User may browse available membership plans, filterable by duration and category, and send an enquiry for a plan of their choice.
(b) The User may purchase and make payment for membership plans which shall be governed by the payment terms set out in Clause 9.
6.4. QR Code Check-In
(a) The User may use the QR scanner feature on the Platform to scan a QR code for purposes including but not limited to studio check-in. Use of this feature requires the User to grant the Platform access to their device's camera, and the User expressly consents to providing such access for this purpose. The User may withdraw this permission at any time through their device settings, in which case the User may be unable to use the QR scanner feature.
(b) Where biometric access or attendance recording is made available at a Studio, such facility shall be subject to separate consent under the consent notice and privacy policy and the User may use the alternative check-in methods made available by the relevant Studio Operator, including QR-based or front-desk check-in.
6.5. Community
(a) The User may view posts shared by other members and create their own posts, including photos or videos along with a description, which shall be visible to other members of the Platform.
(b) Creating a post requires the User to grant the Platform access to their device's camera and/or gallery/storage, and the User expressly consents to providing such access for this purpose. The User may withdraw this permission at any time through their device settings, in which case the User may be unable to use the Community feature.
(c) The User agrees to comply with the representations set out in Clause 5.1(i) and the restrictions set out in Clause 15 in relation to any content posted on the Community feature.
6.6. Fitness Form and My Diary
(a) The User may create, view, and update their fitness and health-related information, including weight, height, body measurements, fitness goals and level, current diet and exercise routine, medications, and health screening responses (collectively, "Fitness Information"), through the Fitness Form. Editing the User's profile picture requires the User to grant the Platform access to their device's camera/gallery.
(b) The User may add personal notes to My Diary, including attached images, videos, or files. This feature requires the User to grant the Platform access to their device's camera, gallery, and/or files, and the User expressly consents to providing such access for this purpose. The User may withdraw this permission at any time through their device settings, in which case the User may be unable to use the My Diary feature.
(c) Pilates & Beyond does not verify, authenticate, modify, or provide any medical or clinical validation of the Fitness Information submitted by the User. The Fitness Information is maintained on an as-is basis, at the sole intent, risk, and responsibility of the User, and Pilates & Beyond makes no representation in connection therewith. The User's participation in any class or session based on such Fitness Information is subject to the representations and assumption of risk set out in Clause 5.1.
(d) It shall be the responsibility of the User to verify and keep the Fitness Information updated from time to time. Pilates & Beyond shall not be liable for any loss, damage, or consequence arising from outdated, inaccurate, or incomplete Fitness Information maintained by the User.
(e) My Diary entries and Fitness Information are personal to the User and are not shared with or made visible to other Users on the Platform. Pilates & Beyond may, however, permit its Authorized Users (including trainers and front desk staff) to access a User's Fitness Information solely for the purpose of delivering the Services, subject to the terms of its Privacy Policy.
(f) Pilates & Beyond has the ability, in its sole discretion, to retract or remove any Fitness Information or Diary content found to be shared incorrectly, inadvertently, or in violation of these Terms, without prior notice.
(g) The User may delete any Fitness Information or Diary entry, and may delete their User Account in its entirety in accordance with Clause 7.3, which may not be retrievable thereafter.
6.7. Referral Program
(a) The User may refer another individual to Pilates & Beyond by submitting the referral's name, mobile number, and relationship to the User, subject to the terms of any applicable referral reward program communicated by Pilates & Beyond from time to time.
6.8. Profile and Account Management
(a) The User may view and update their profile information (including name, gender, birthday, phone number, and referral code), view their community posts, and access My Subscriptions, Membership Plans, My Diary, View Fitness Form, Order History, Tutorials, and Account Settings.
(b) The User may permanently delete their User Account and associated information through Account Settings, in accordance with Clause 7.3.
(c) The Platform may request the User's permission to send notifications regarding updates, bookings, and personalized content. The User may allow or decline such permission, and may change this preference at any time through their device settings.
(d) By using or registering on the Platform, the User expressly consents to receive communications from Pilates & Beyond by way of phone calls, SMS, WhatsApp messages, push notifications, and/or emails, relating to the Services, bookings, session reminders, updates, personalized content, and promotional offers, for which purpose the User's information may be collected and used as set out in the Privacy Policy. The User may unsubscribe or opt out of such communications at any time through the Platform's settings or by contacting Pilates & Beyond at support@pilatesandbeyond.in, provided that such opt-out may limit the extent of Services the User is able to avail (including session reminders and booking confirmations).
6.9. Tutorials
(a) The Platform provides a library of pre-recorded video tutorials to guide the User on using various features of the Platform, including but not limited to checking attendance, filling the Fitness Form, tracking subscriptions and memberships, and tracking diet and workouts. Such tutorials are for informational and guidance purposes only, and shall not be construed as professional, medical, or fitness advice. Reliance on the content of the tutorials is at the User's own risk, and the User is encouraged to verify any fitness or diet-related guidance with a qualified professional before acting on it.
(b) The tutorial videos, including their content, visuals, and audio, are the exclusive intellectual property of Pilates & Beyond and/or its licensors. The User shall not record, screen-record, download, capture, reproduce, republish, distribute, or export any part of such tutorial videos, through any means or technology. Any unauthorized use shall be subject to action under Clause 14 and applicable law.
6.10. Order History
(a) Where the User purchases merchandise through the Platform, the User may view their order history, including the delivery status of such orders (e.g., Pending, Confirmed, Shipped, To Collect, Collected, or Cancelled).
6.11. Limitations
(a) Based on the subscription availed from Pilates & Beyond, the User agrees and understands that certain services, functions and features may not be available to the User.
7. RELATIONSHIP
7.1. Nothing provided, uploaded or available on the Platform shall create a principal-agent relationship between the User and Pilates & Beyond.
7.2. Pilates & Beyond uses industry–level security and encryption to your User Account. However, Pilates & Beyond does not guarantee to prevent unauthorized access. In the event you are aware of any unauthorized use or access, you shall immediately inform Pilates & Beyond of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to privacy@pilatesandbeyond.in.
7.3. The User may delete their User Account at any time through the Account Settings feature on the Platform. Upon such deletion, the User's User Account and associated information recorded with Pilates & Beyond will be permanently deleted and cannot be recovered. The User acknowledges that any content posted by the User on the Community feature and viewed, saved, or shared by other Users prior to such deletion may continue to persist and shall not be recoverable or removable by Pilates & Beyond following deletion of the User Account. The treatment of any active membership, unused sessions, or pending dues at the time of account deletion shall be governed by Clause 9.
8. LINKS TO THIRD PARTIES
Our Platform may contain links to other websites owned by third parties (i.e. advertisers, other service providers, vendors, supplier, payment aggregators, gateways or business partners). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their platforms. Pilates & Beyond does not assume any responsibility or liability for the actions, product, and content of any such third-party websites. Before you use any third-party websites, you should review the applicable terms of use and policies for such third-party websites. If you decide to access any such linked third party website, you do so at your own risk.
9. PAYMENTS, FEES, PACKAGE VALIDITY & REFUNDS
9.1. The charges for membership plans, packages, and other Services indicated on the Platform shall be as determined by Pilates & Beyond, exclusive of applicable taxes unless otherwise stated. Pilates & Beyond reserves the right to modify such charges at its sole discretion, and does not guarantee that the charges will be the lowest available for such Services.
9.2. All payments in respect of Services availed through the Platform shall be processed through Razorpay or such other payment aggregator/gateway engaged by Pilates & Beyond from time to time. By providing payment details on the Platform, the User represents and warrants that they are legally authorized to use the relevant payment card, account, or instrument, and that such use does not violate the terms applicable to that payment instrument or any applicable law. Upon selecting a membership plan, a payment link shall be generated and sent to the User's registered contact details, through which the User shall complete payment directly on the payment aggregator's platform. By making such payment, the User is deemed to accept the terms and conditions of the relevant payment aggregator. Pilates & Beyond shall not be responsible for any acts, omissions, errors, or delays attributable to the payment aggregator.
9.3. The payment receipt and transaction summary shall be made available to the User on the Platform and shall also be sent to the User's registered contact details.
9.4. Each membership plan or package shall be subject to a validity period, number of sessions, and category (Group/Private) as specified at the time of purchase. The User may access and book classes only at their selected Branch, unless expressly permitted otherwise by Pilates & Beyond. Access to classes/sessions is subject to slot availability and shall be provided on a first-come-first-served basis. Pilates & Beyond shall not be obligated to entertain requests for transferring a membership to a different Branch except as provided in the Cancellation and Refund Policy.
9.5. Subject to the applicable membership plan and Studio policies, a User may freeze their membership in accordance with the freeze limits and procedure communicated at the time of purchase or through the Platform. Where applicable, the validity of the membership shall be extended by the period of an approved freeze. A medical freeze may be subject to submission of appropriate medical documentation.
9.6. Where a Studio is permanently closed or is unavailable for a period resulting in the User being unable to utilise the remaining sessions during the applicable validity period, the User shall be entitled to such refund, extension or transfer of unused sessions as may be applicable under the terms of the Cancellation and Refund Policy, subject to Applicable Laws.
9.7. Unless expressly stated otherwise at the time of purchase, all memberships, packages, and sessions purchased or booked by the User are non-transferable and non-refundable.
9.8. Where a User's User Account is deleted in accordance with Clause 7.3 while an active membership, unused sessions, or pending dues exist, such unused sessions and amounts shall stand forfeited, and no refund shall be payable, unless otherwise required under applicable law or expressly agreed by Pilates & Beyond.
9.9. Pilates & Beyond shall not be responsible for any unauthorized transaction conducted on the Platform using the User's payment card, UPI, or net banking details, and shall not be obligated to refund any amount in such instances.
9.10. Notwithstanding Clause 9.7, where Pilates & Beyond unilaterally ceases or terminates a User's membership without cause, the applicable pro-rata amount for the unused portion of the membership shall be refunded to the User in accordance with the Cancellation and Refund Policy.
9.11. Any promotional code, discount, or offer provided by Pilates & Beyond may not be combined with any other promotion, unless expressly stated otherwise, and shall be subject to the specific terms of such offer as communicated on the Platform.
9.12. Notwithstanding anything mentioned in this Clause 9 or the Terms, the terms regarding the transfer, cancellation and refunds in lieu of the session availed by You, shall be explicitly governed by the Cancellation and Refunds Policy.
10. MERCHANDISE ORDERS, DELIVERY, EXCHANGE AND RETURNS
10.1. Where the User purchases merchandise through the Platform, such purchase shall be processed and fulfilled in accordance with the pricing, availability, and delivery terms displayed on the Platform at the time of order.
10.2. The User may track the status of their order through Order History, which shall reflect the applicable delivery status (including Pending, Confirmed, Shipped, To Collect, Collected, or Cancelled).
10.3. Unless otherwise stated at the time of purchase, merchandise orders may be cancelled by the User only before the order status changes to "Shipped" or "To Collect." Pilates & Beyond shall not be obligated to accept cancellation requests once the order has been shipped or made available for collection.
10.4. Any request for exchange or return of merchandise shall be subject to the specific exchange/return policy communicated by Pilates & Beyond at the time of purchase or on the Platform, and shall generally be permitted only for merchandise found to be defective, damaged, or incorrectly delivered, subject to the User raising such request within the timeframe specified by Pilates & Beyond.
10.5. Refunds, where applicable under Clause 10.4, shall be processed to the original mode of payment within such timeframe as communicated by Pilates & Beyond, and shall be subject to the terms of the relevant payment aggregator.
10.6. Pilates & Beyond shall not be liable for any delay in delivery or unavailability of merchandise arising from circumstances beyond its reasonable control, including but not limited to courier/logistics delays, stock unavailability, or force majeure events as set out in Clause 19.
11. ARTIFICIAL INTELLIGENCE ASSISTED FEATURES
The Platform may provide access to artificial intelligence-powered features, including but not limited to virtual assistants, chatbots, workout recommendations, content suggestions, or similar functionalities ("AI Features"). Such AI Features are provided solely for informational, convenience, and support purposes and do not constitute medical, healthcare, fitness, nutritional, or professional advice. Outputs generated by AI Features are automated in nature and may not always be accurate, complete, or error-free. The User shall independently evaluate and verify any such output before relying upon it. Pilates & Beyond does not warrant the accuracy or reliability of any AI Feature output and shall not be liable for any loss or damage arising from a User's reliance on it. The User shall not input into any AI Feature any information they are not authorized to disclose or that violates applicable law or these Terms.
12. INFORMATION OWNERSHIP
12.1. Pilates & Beyond reserves the copyright and the right to take action against any User for copying or using such information without obtaining the necessary licenses from Pilates & Beyond as per applicable law.
12.2. We collect, hold, use, and transfer your personal data (including any information submitted through the Fitness Form, My Diary, or otherwise) in accordance with our Privacy Policy. By agreeing to these Terms, you agree to abide by our Privacy Policy, which may be updated and/or modified by us from time to time.
12.3. Any Fitness Information, Diary entry, or other content uploaded, shared, or maintained by the User in relation to themselves is provided on an as-is basis, at the sole intent, risk, and responsibility of the User, and Pilates & Beyond does not validate such information and makes no representation in connection therewith.
12.4. The Fitness Information and other User-submitted data are maintained on an as-is basis. While we strive to maintain the highest level of service availability, Pilates & Beyond shall not be liable for any interruption that may affect the User's access to the Services.
12.5. Pilates & Beyond shall not be responsible or liable for any content, fact, or Fitness Information, or the language used therein, provided by the User. The User is solely responsible for the accuracy and content of any information provided by them, including through the Fitness Form, My Diary, or Community feature.
12.6. Pilates & Beyond has the ability, in its sole discretion, to retract or remove any content, including Fitness Information or Community posts, without prior notice, if found to be shared incorrectly, inadvertently, or in violation of these Terms.
12.7. Pilates & Beyond will comply with applicable law in the event any court of competent jurisdiction directs the sharing of a User's information for any reason.
12.8. You agree and acknowledge that Pilates & Beyond may need access to your Fitness Information or account details in cases such as resolving a technical or operational issue relating to your access to, or ownership of, your account or information on the Platform.
13. VIOLATION OF TERMS OF USE / SUSPICIOUS ACTIVITY
If we believe that you have violated any of the conditions as mentioned under these Terms or our Privacy Policy we reserve the right to suspend your access to the Platform and/ or delete your User Account. If we have reason to believe that there is suspicious or unusual activity being carried out through your User Account, we may temporarily or permanently suspend your access to the Services. You may reach out to the Pilates & Beyond’s support team at support@pilatesandbeyond.in to assist you with any query or question arising as a result of the afore-mentioned suspension/ deletion to resolve the same.
14. USE AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
14.1. Pilates & Beyond, the Platform and the Services are protected by copyright, trademarks, patents, trade secret and/or other applicable laws. No information, content or material from the Platform may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without Pilates & Beyond’s express written permission. You are hereby given a limited licence to use the Services, subject to your agreement of these Terms.
14.2. When you upload, submit, store, send or receive content that may include your personal information to or through our Platform, you give Pilates & Beyond a worldwide, perpetual licence to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. This licence shall not revert to you even if it is not used by Pilates & Beyond. The rights you grant in this licence are for the limited purpose of operating, promoting, and improving the Services, and to develop new ones. This licence continues even if you stop using the Services.
14.3. In addition, use of the Services for any purpose not expressly permitted by Pilates & Beyond in these Terms is prohibited and may invite legal action.
15. OBLIGATIONS AND RESTRICTIONS ON THE USER
15.1. The User shall use the Platform only for the purposes permitted under these Terms and shall not use the Platform in any manner that is unlawful, fraudulent, or that violates the rights of Pilates & Beyond, any Studio, or any third party.
15.2. The User shall not create or maintain more than one User Account, and shall not sell, trade, share, or otherwise transfer their User Account or login credentials to any third party, except as permitted under Clause 4.3.
15.3. The User shall not use the QR Code Check-In feature, or any other feature of the Platform, to check in or record attendance on behalf of any other User, or to falsify, manipulate, or misrepresent any booking, attendance, or usage record on the Platform.
15.4. The User shall not, in relation to the Community feature, post, upload, or share any content that is defamatory, obscene, pornographic, discriminatory, unlawful, religious, political or otherwise objectionable, or that discloses another User's personal or health-related information without such User's consent.
15.5. The User shall not submit false or fraudulent referral details, or otherwise attempt to manipulate or exploit the Referral Program.
15.6. The User acknowledges that the Platform, including its software, design, and underlying technology, is owned by Pilates & Beyond. The User shall not reverse engineer, decompile, disassemble, or copy the Platform, and shall not record, download, reproduce, or distribute the tutorial videos or any other proprietary content made available on the Platform, except as expressly permitted under these Terms.
15.7. The User shall not attempt to gain unauthorized access to the Platform, any other User's Account, or any systems or networks connected to the Platform, whether by hacking, password mining, or any other illegitimate means, and shall not upload or transmit any virus, malware, or other harmful code to the Platform.
15.8. The User shall not use any deep-link, robot, spider, scraper, or other automated means to access, extract, or monitor any portion of the Platform, or attempt to probe, scan, or test the vulnerability of the Platform or any network connected to it.
15.9. The User shall not derive, or attempt to derive, any commercial benefit from the use of the Platform, including by advertising, soliciting, or conducting any survey, contest, or promotional scheme through the Platform, without Pilates & Beyond's prior written consent.
15.10. The User shall not upload or distribute, through the Platform, any file or content that infringes the intellectual property rights of any third party.
15.11. The User shall be solely responsible for the accuracy, completeness, and currency of any Fitness Information and Diary entries submitted by them on the Platform. The Fitness Form and My Diary feature shall be used solely for the User's fitness, health, and wellness data, and not to share personal, religious, or moral views unrelated to such purpose.
15.12. Any breach of this Clause 15 shall entitle Pilates & Beyond to take appropriate action against the User, including suspension or termination of the User's Account, at its sole discretion.
16. USAGE IN PROMOTIONAL AND MARKETING MATERIAL
In recognition of the various offerings and Services provided by Pilates & Beyond to the User, the User shall (subject to the reasonable right to review and approve): (a) allow Pilates & Beyond to include a brief description of the Services provided to the User in Pilates & Beyond’s marketing, promotional and advertising materials; (b) allow Pilates & Beyond and/or its affiliates to make reference to the User in case studies, and related marketing materials; (c) serve as a reference to Pilates & Beyond’s existing and potential clients; (d) provide video logs, testimonials, emailers, banners, interviews to the news media and provide quotes for press release; (e) make presentation at conferences, within the product literature, emailers, press releases, social media and other advertising, marketing and promotional materials.
17. INDEMNIFICATION
17.1. You agree to defend, indemnify and hold harmless Pilates & Beyond, its affiliates, officers, directors, employees, agents, partners, co-branders, licensors, licensees, consultants, contractors and other applicable third parties (collectively ‘Indemnified Parties’) from and against any and all claims, demands, damages, obligations, losses, liabilities, cause of action, costs and expenses (including any legal fees) arising from:
(a) your use of and access to the Platform and Services;
(b) your violation of any of these Terms;
(c) your violation of any third party right, including any intellectual property right or privacy right;
(d) the committing of any of the prohibited activities as stated here;
(e) your failure to comply with applicable law, including tax regulations; or
(f) any claim that your use of the Platform caused damage to a third party.
Your liability under this Clause shall apply only to the extent that the relevant loss, claim, liability, damage, cost or expense is directly attributable to your act or omission, breach of these Terms, unlawful or unauthorised conduct, or violation of applicable law or third-party rights.
18. TERMINATION
18.1. Pilates & Beyond reserves its right to terminate/block the User Account on the grounds including:
(a) if User(s) furnishes false information,
(b) for carrying on any prohibited activity under the applicable laws,
(c) if the User breaches any material obligation under these Terms;
(d) if the User(s) is engaged in any fraudulent transactions/activities; or
(e) if the User(s) misuses, abuses, indulges in activities causing service disruptions.
Pilates & Beyond also reserves the right to restrict the access of the User to its User Account upon such conditions it deems fit. The User remains liable to pay for any Services already ordered/booked up to the point of termination.
19. FORCE MAJEURE
Pilates & Beyond and its officers, directors, employees, agents, partners, co-branders, licensors, licensees, consultants, or contractors, distributors and service providers shall be relieved of all responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond our reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures, or fluctuations, computer virus attacks, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond our reasonable control. You further acknowledge and agree that neither we, nor any of the foregoing entities are responsible or liable for (a) any incompatibility between the Platform and any other website, service, software or hardware or (b) any delays or failures you may experience with any transmissions or transactions relating to the Platform.
20. GOVERNING LAW AND JURISDICTION
The Platform, the Services, all your transactions on the Platform, and our relationship shall be governed by the laws of India, without regard to conflict of law principles. You agree that all claims, differences and disputes which we may have shall be subject to the exclusive jurisdiction of the competent courts located in Hyderabad, India.
21. ASSIGNMENT
The licence granted hereunder may not be transferred or assigned by you. We may assign, in whole or in part, the benefits or obligations of these Terms. We will provide an intimation of such assignment to you, which will be binding on you.
22. WAIVER
Unless otherwise expressly stated in this Agreement, the failure to exercise or delay in exercising a right or remedy under these Terms will not constitute a waiver of the right or remedy, and no single or partial exercise of any right or remedy under these Terms will prevent further exercise of the right or remedy.
23. SEVERABILITY
If any provision of these Terms is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision will apply with such deletions as may be necessary to make it valid.
24. GRIEVANCE OFFICER
If you have any questions, concerns, requests or complaints in relation to this Policy or the use of the Platform, you may contact the Company, with a brief description of your request or concern at the details set out below:
Company Name: PICO Enterprises Private Limited
Grievance Officer: Ms. Zahra Rajkotwala
Grievance E-mail: support@pilatesandbeyond.in
Registered Office: Plot No. 12, Flat No. 201, Yusufi Manzil, Durga Vihar Colony, Trimulgherry, Hyderabad, Secunderabad, Telangana – 500015
Working Hours: Monday to Saturday, 10:00 AM to 6:00 PM IST (excluding public holidays)