Terms & Conditions

1. Definitions

In the following terms and conditions:

• "Company" refers to Virtus Growth Labs Private Limited, operating through its health and wellness brand www.thepivothealth.com ("Virtus", "Pivot", "Pivot Health", "we", "us", or "our").
• "Program" refers to any service package offered by way of email or webpage of the website www.thepivothealth.com or any brochure shared by the Company or its Associates.

"Program" includes services related but not limited to:

• Nutrition guidance
• Lifestyle correction strategies
• Yoga and mindfulness practices
• Exercise counseling and fitness programming
• Health coaching
• The sale and recommendation of wellness tools and products

These services are intended for general wellness, fitness education, and lifestyle improvement, and are not a substitute for professional medical advice or medical consultation or care.

No doctor-patient relationship is created through participation.

• "Client" refers to the individual who has paid for and bought any our Programs, or whose name appears in the order or Proforma invoice.
• "Program Term" refers to the terms and conditions separately provided with the Terms herein.
• "Program Duration" refers to the specific time period for which the "Program" is valid.
• "Program Fees" refers to the fees charged by the "Company" to render services in the "Program".
• "Associates" refers to any employee(s) of the Company and/or Independent Contractor(s) and/or Service Provider(s) contracted by the Company.

2. Purpose

• These terms and conditions ("Terms") shall govern the transaction between the Company and the Client.
• The Client acknowledges that the Company may engage other parties, namely its employees and/or third parties including Independent Contractors and Service Partners for the fulfilment of the Program as its Associates.
• The Client consents to the Company disclosing, to the extent relevant, the Client's Personal Information and/or details of Program(s) availed by the Client to such Associates.
• The Client acknowledges the receipt of the Terms and the Program(s) Terms, as applicable and agrees to be fully bound by the Terms and the relevant Program Terms.

3. Total Fees and Charges

• The Company shall charge the Client, Program Fees as detailed in the Program Terms.
• The Program Fee shall be payable in advance for the full Program Duration.
• Activation of the Program(s) is subject to realization/receipt of the Program Fee.
• The Program is non-transferable to another party.
• All Payments made to the program are non-refundable and non-transferable.
• The Company shall not be under any obligation to refund any fee, on any ground including on humanitarian ground, if so claimed, on account of any injury or death caused to the Client.
• Any applicable refund due to payment gateway failure or chargeback will be subject to the terms and conditions of the respective payment gateway / UPI services / credit card companies or similar entities.
• Cancellation Policy: Program Subscriptions once made/placed, cannot be cancelled for any reason. There shall be no refunds.

4. Obligations and Covenants of the Client

• The Client undertakes that she/he shall strictly comply with the terms of usage contained in the Program Terms.
• The Client acknowledges that the advice provided under the Program Term by the Company and its Associates is solely intended for the Client and cannot be used for any other individual.
• The Client acknowledges to provide complete and accurate information to the Company and its Associates as required for fulfilment of services under the Program Terms.
• The Client to inform the Company before the program begins if the Client wants to delay the start date of the program.
• Once the program begins the Client is allowed to put the program on hold only once during the tenure of the Program for a maximum period of two weeks.

5. Disclaimer

Medical Disclaimer

• Virtus Growth Labs Pvt. Ltd. is not a medical organization. Any information provided by us on the Website is for informational purposes only.
• You should not take any action based upon any information contained on the Website. Use of the Website is not meant to serve as a substitute for professional Medical advice.
• RELIANCE ON ANY INFORMATION PROVIDED BY THE WEBSITE OR THE PROGRAM IS AT YOUR OWN RISK.
• The Wellness and Nutrition Program that we provide is not Medical advice. The advice given under our Program including but not limited to the food plans, diets, workout and exercise plans, should not be misconstrued as medical advice.
• Our advice, services or any Program(s) do not constitute medical advice, diagnosis, or treatment.
• We do not guarantee as to any particular Program(s) or any particular advice given to you will be suitable to your health.
• We shall not be responsible for any issues, side effects including without limitation any allergic reactions to you on account of following our advice, diet and nutrition plans.
• We strongly advise you to consult your doctor before trying any of the Program(s) available on our Website.
• Consider the risks involved and consult with your medical professional before engaging in any physical activity.
• We are not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, any Program provided by us.
• If any wellness or diet plan or exercise recommended by us causes any pain, side effect or allergic reaction, or severe discomfort, you should immediately discontinue such diet plan or exercise and immediately consult your doctor.
• You agree and understand that using our Program(s) cannot be substituted for personal medical attention, diagnosis or in person treatment by a qualified medical professional.
• No doctor-patient relationship is created through participation in our Program(s).

6. Confidentiality

The Company and its Associates shall make reasonable efforts to ensure that the Personal Information of the Client is kept confidential and not disclosed to any third party except to the extent required for fulfillment of services and Program(s).

7. Website Terms and Conditions

The Privacy Policy of the Website is available at Privacy Policy. The Terms and conditions of the Website / Company are part and parcel of Program Terms.

8. Cancellation or Rescheduling of Appointments/Sessions

• The Client is requested to be on time for the scheduled appointment/session.
• If you wish to reschedule or cancel a scheduled appointment/session, please inform us in writing in advance at least 48 hours before the scheduled time of the appointment/session.
• We will not be able to cancel or reschedule an appointment if a request comes any time thereafter.
• If you fail to attend the appointment/session on time, our team will wait for maximum 10 minutes. If you still fail to attend the session, the same will be considered as 'NO SHOW'.
• In case of "No Show", your appointment/session will be considered as exhausted and there will be no refund, adjustment or rescheduling.
• When you utilize all your appointments/sessions on the program, any additional ones shall be charged additionally.

9. Availability of Services

• Please note that responses from your assigned team members may vary depending on their other professional commitments, including appointments, calls, and meetings.
• However, they will respond to your queries at the earliest opportunity.
• Our team is unavailable on weekends, government or bank holidays, and major festivals.

10. Assumption of Risk

You understand and acknowledge that:

• Physical activities (including yoga, strength training, aerobic exercise) carry inherent risks such as injury, discomfort, or exacerbation of existing conditions
• Use of props, tools, or equipment (e.g., heart rate monitors, respiratory trainers) involves risk
• You are voluntarily participating in these activities and assume full responsibility for any injury, illness, or adverse outcome
• You certify that:
  • You are at least 18 years of age
  • You are in good physical health or have received doctor's or any other medical clearance to participate
  • You will inform the Company / www.pivothealth.com, in writing of any known medical conditions or contraindications before participation

11. Limitation of Liability

In consideration of participation in the Program, you hereby:

• Waive, release, and discharge Virtus Growth Labs Pvt. Ltd., its Associates, directors, officers, employees, agents, coaches, and consultants from any and all claims, liabilities, or damages resulting from your participation.

12. Indemnification

12.1 You agree to indemnify, defend and hold harmless the Company and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, Associates, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, arising from:

• Your use of and access to the Service, Program(s) and Website.
• Your violation of any term of this Terms and Conditions.
• Your violation of any third party right, including without limitation, any copyright, property, or privacy right.
• Any claim that you and/or your content or actions caused damage to a third party.

This defence and indemnification obligation will survive this Agreement and your use of the Service, Program(s) and Website.

12.2 The material and content displayed on our Website or any of our other marketing materials and documents is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity including:

• loss of income or revenue
• loss of business
• loss of profits or contracts
• loss of anticipated savings
• loss of data
• loss of goodwill
• wasted management or office time
• any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

13. Third-Party Tools & Apps

• As part of the HeartSpan program and other Program(s), we may recommend or integrate with third-party health and wellness tools such as the Morpheus Training App and Apple Health or any other devices and apps.
• These platforms have their own privacy policies, terms of use, and data practices, which Clients must review and agree to independently.
• Virtus Growth Labs Pvt. Ltd. does not control or assume liability for the performance, accuracy, or privacy practices of these third-party services.
• Clients are solely responsible for the use of these tools and for ensuring compatibility with their devices and health needs.
• The Client accepts full responsibility for any injury, condition, or loss sustained as a result of engaging in the Program and/or use of any of such tools/apps/devices.

14. Use of Devices and Products

• Health-related products provided or sold by Pivot Health (such as heart rate monitors or respiratory training tools) are for wellness tracking only and are not intended for medical use.
• You are responsible for following all manufacturer instructions.
• Virtus Growth Labs Pvt. Ltd. is not liable for misuse, malfunction, or adverse outcomes related to these products.
• All physical products provided by Virtus Growth Labs Pvt. Ltd. or any of its partners and/or vendors as part of its Program(s) (e.g., heart rate monitors, respiratory devices, yoga props, and any other such devices or products) are intended for wellness use only.
• Clients must review all instructions and safety precautions issued by the manufacturers.
• The Company does not assume responsibility for product misuse or malfunction.

15. Miscellaneous

• The Company will not incur any liability to the other party and/or to the Client(s) on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control and without negligence of the parties.
• The Agreement shall be governed by the laws of the Republic of India and only the courts of Delhi shall have jurisdiction to entertain disputes under this Agreement.
• The Company reserves the right to amend the Terms and/or the Program Terms and/or the features or pricing of the Program(s) or any other aspects related to its services or Program(s). Upon such amendment such terms will become applicable immediately and will be intimated to the Client(s) in due course.
• If you have any questions or require additional information, please feel free to contact us on ankur@thepivothealth.com