Participant Agreement
Effective Date: January 1, 2026
1. TERMS OF PARTICIPANT PURCHASE AGREEMENT
By enrolling or purchasing any program, course, product, or service ("Services") from Empath Labs LLC dba Fly Lux ("Company"), you ("Participant") agree to the following terms of this Participant Purchase Agreement ("Agreement").
2. SCOPE OF AGREEMENT
This Agreement sets forth the terms and conditions of Participant's use of the sites and all Services owned or operated by Empath Labs LLC dba Fly Lux, including, without limitation, membership sites, online communities, educational courses and training services and related materials, including but not limited to travel strategy trainings, credit card optimization guidance, video trainings, audios, workbooks, proprietary tools, webinar and video trainings, and all Fly Lux intellectual property or other websites developed in the future.
3. SERVICES
Company agrees to provide its Services and Participant agrees to abide by all policies and procedures as outlined in this Agreement as a condition of their participation in the Services.
4. DISCLAIMERS
Participant understands Company is not an agent, publicist, accountant, financial planner, lawyer, or any other licensed or registered professional. The educational content provided addresses travel strategies, credit card optimization, and points/miles redemption techniques. Company's services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and educational materials. Company promises that all information provided by Participant will be kept strictly confidential, as permissible by law.
FINANCIAL DISCLAIMER: The information provided in Services is for educational purposes only and should not be construed as financial advice. Credit card applications, credit utilization, and financial decisions carry inherent risks. Participant acknowledges that applying for credit cards may temporarily impact their credit score, and results will vary based on individual creditworthiness and financial circumstances. Participant should consult with a licensed financial advisor before making significant financial decisions.
NO GUARANTEE OF RESULTS: While Company shares strategies that have worked for the Company and its students, Participant understands that award availability, transfer partner policies, and airline programs are subject to change at any time without notice. Past performance and savings examples are illustrative and not guarantees of future results.
5. TERM
Acceptance of Participant is at the discretion of the Company. Participant understands that a relationship with Company does not exist between the Parties after the conclusion of the Services. If the Parties desire to continue their relationship, a separate agreement will be entered into.
Participant accepts Company's Terms by: (a) using and continuing to use Company's Services; (b) paying for Company's Services; or (c) written confirmation that Participant accepts, including by email.
6. TERMINATION
Company is committed to providing all Participants in the Services with a positive experience. By electronically agreeing to the Terms, Participant agrees that the Company may, at its sole discretion, terminate this Agreement and limit, suspend, or terminate Participant's participation in Services without refund or forgiveness of monthly payments if Participant becomes disruptive or upon violation of the terms.
7. PAYMENT
If a payment is not received, Company reserves the right to suspend Services until payment is complete. If payments are late and are not received after 60 days, Company will send Participant to collections for unpaid balance. In such cases, non-payment, missed payment, or late payments could negatively impact a Participant's credit history and/or credit score.
Payments may be received through PayPal, Stripe, or other methods of digital payment. Participant grants Company the authority to charge the card(s) provided. No refunds of prior payments will be given except as explicitly provided in Section 8.
Participant may be subject to promotional pricing applying to both the pay-in-full and payment plan prices, depending on the enrollment period. Promotional pricing is communicated with Participant through, but not limited to, official flylux.org sales pages, email communication, and personal conversation and will be reflected at checkout. Said promotional pricing is always, and without exception, time sensitive. Company holds the ultimate right to determine both the timeframe during which promotional pricing is granted, as well as the right to decide whom promotional pricing is granted to.
The Participant is responsible for all charges and fees associated with connecting to and using the Company's Services, including without limitation all internet service provider fees, computer equipment, sales taxes, and any other fees and charges necessary to access Services.
If the Company terminates the Participant's subscription to Services at the end of the applicable period, Participant agrees that all fees and charges assessed by the Company are non-refundable except as explicitly provided in Section 8. If the Company cancels or terminates the Participant's subscription to Services (as opposed to the Participant cancelling their subscription) prior to the end of a period for which the Participant has incurred a charge, the Company will refund any unused portion of such period on a pro rata basis.
To the extent that Participant provides Company with credit card(s) information for payment on Participant's account, Company shall be authorized to charge Participant's credit card(s) for any unpaid charges on the dates set forth herein. If Participant uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Participant shall not make any chargebacks to Company's account or cancel the credit card that is provided as security without Company's prior written consent. Participant is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Participant shall not change any of the credit card information provided to Company without notifying Company in advance.
If Participant believes that the Company has erroneously charged their credit card, Participant agrees to promptly notify the Company of such error. If Participant fails to notify the Company within ten (10) days after the alleged error first appears on the Participant's credit card statement, the charge shall be deemed accepted by Participant for all purposes, including, but not limited to, the resolution of inquiries or investigations made by the issuer on Participant's credit card. Participant agrees to release the Company from all liabilities and claims of loss resulting from any alleged billing error or any discrepancy that Participant fails to report to Company within ten (10) days of its submission to Participant.
8. REFUNDS AND THE FIRST FLIGHT GUARANTEE
GENERAL POLICY: This Agreement is binding. Except as explicitly provided below under the First Flight Guarantee, Company does not offer refunds for Services. Company is here to support Participant to their highest level of success, and part of that is requiring a commitment from the Participant that they are fully invested in the Services. Should Participant have questions or need additional information or clarification prior to purchase, Participant should reach out to support@flylux.org. It is to the Participant's benefit to decide BEFORE purchasing the Services and committing to work with the Company that they are the right fit for them.
FIRST FLIGHT GUARANTEE: If Participant follows the method as taught and cannot find a business class award redemption under 100,000 points for an intercontinental route to Europe or Asia within thirty (30) days of purchase, Participant may request a full refund by emailing support@flylux.org. A qualifying route is any intercontinental flight to Europe or Asia departing from any major international hub in Participant's region. The guarantee applies only if no qualifying redemption can be found from any such hub, not solely from Participant's local airport.
TO QUALIFY: Participant must (a) complete Modules 1 and 2 in their entirety; (b) document at least three (3) search attempts with screenshots showing route, dates, and results; (c) submit refund request within 30 days of purchase date; and (d) specify the Europe or Asia route(s) searched. Company reserves the right to verify compliance before processing refund. Refunds under this guarantee will be processed within fourteen (14) business days of approval.
EXCLUSIONS: The First Flight Guarantee does not apply to: domestic routes; routes outside Europe or Asia; requests after 30 days; Participants who have not completed Modules 1 and 2; Elite tier 1:1 calls already conducted; or any circumstance where Participant has initiated a chargeback. Change of mind, schedule, employment, or other personal circumstances do not qualify for refund.
Participant is responsible for full payment of fees for the entire Services, including future payments if the Participant is paying in installments, regardless of whether Participant completes the Services. If Participant has a medical emergency or death in the family, arrangements may be made at the discretion of Company for the Participant to access materials at a later date. Payments that are late by more than 7 business days will incur a $70 late fee.
If Participant is late on a payment, they will be removed from any online community and all access to materials and Services will be revoked. Access shall be regranted once Participant is up to date with all payments. The Company will not, under any circumstances, give refunds on content Participant was granted access to but did not complete or participate in, except as provided under the First Flight Guarantee.
9. CALLS AND COMMUNITY
Participant understands that any scheduled coaching calls (Elite tier only) and/or other benefits expire at the end of the Term of the Services they enrolled in and will not be carried over.
Participant acknowledges that any group calls or Q&A sessions may be recorded and Participant will be given access to recordings whether Participant actively participated in a call or not. Participant also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package distributed or sold by Company.
Company reserves the right to share screenshots, video clips, and the words of any praise and testimonials about Company and its products, services, courses, and projects from any of the trainings, calls, online communities, etc. and share these on the Company website, social media, marketing, and advertising materials.
10. CODE OF CONDUCT
Participant shall agree and adhere to a standard of professional conduct in order to contribute to creating a safe and positive community experience for all people in the Services. Failure to adhere to professional standards of conduct may result in expulsion from the Services and termination of any further services, without refund.
11. CONFIDENTIALITY
This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal, or make use of any information learned by either party during discussions, or otherwise, throughout the Term of Services ("Confidential Information"). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the date of purchase shall survive the termination, revocation, or expiration of this Agreement.
12. COMPELLED DISCLOSURE OF CONFIDENTIAL INFORMATION
Notwithstanding anything in the foregoing, in the event that Participant is required by law to disclose any of the Confidential Information, Participant will (i) provide Company with prompt notice of such requirement prior to the disclosure, and (ii) give Company all available information and assistance to enable Company to take the measures appropriate to protect the Confidential Information from disclosure.
13. NON-DISCLOSURE OF COMPANY MATERIALS
Material given to Participant in the course of Participant's work with the Company is proprietary, copyrighted, and developed specifically for Company. Participant agrees that such proprietary material is solely for Participant's own personal use. Any disclosure to a third party is strictly prohibited.
All intellectual property, including copyrighted materials, shall remain the sole property of Empath Labs LLC dba Fly Lux and no license to sell or distribute materials is granted or implied. Participant agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial or personal purposes, any portion of the Services, including any materials.
Company's Services are copyrighted and the original materials that have been provided to Participant are for Participant's individual use only and are granted as a single-user license. Participant is not authorized to use any of Company's intellectual property for Participant's business purposes. All intellectual property, including Company's copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company's materials is granted or implied.
EA/ASSISTANT EXCEPTION: Participant may share access to course materials with their direct employee, executive assistant, or virtual assistant solely for the purpose of implementing travel bookings on Participant's behalf. Such access is limited to one (1) designated assistant at a time and does not constitute a transferable license. The assistant may not use the materials for their own personal travel or share with any third parties.
Unless otherwise specified, Fly Lux grants Participant a non-transferable, limited right to access, use, and display the Services Participant enrolled in, for Participant's use, provided Participant complies fully with the provisions of this Agreement. The Participant agrees not to assign, transfer, or sublicense Participant's rights as a registered user of or subscriber to Fly Lux's Services except as provided in the EA/Assistant Exception above. Participant understands that only Participant (and their designated assistant) may use Participant's account and that Participant's enrollment and subscription to Fly Lux's Services is only valid for Participant's individual use.
Further, by agreeing to the Terms of this Agreement, Participant agrees that if Participant violates, or displays any likelihood of violating, any of Participant's agreements contained in this section, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations. Also, if Participant violates, or displays any likelihood of violating, any of Participant's agreements contained in this section, Company has the right to terminate Participant's participation in the Services without refund or forgiveness of monthly payments.
14. NON-DISPARAGEMENT
Participant shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Participant and its relationship with Company.
15. INDEMNIFICATION
Participant agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys' fees and costs, arising out of, or relating to, Participant's participation or action(s) under this Agreement. Participant agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Participant's participation under this Agreement, unless expressly stated otherwise by Company, in writing.
16. DISPUTE RESOLUTION
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Austin, Texas. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys' fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
17. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the state of Texas, regardless of the conflict of laws principles thereof.
18. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings, and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement, or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
19. ACCEPTANCE
This Agreement is deemed signed and accepted by Participant upon Participant's electronic click to accept the terms of this Agreement and Participant's purchase of the Services.
20. SEVERABILITY
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
21. WAIVER
The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
22. ASSIGNMENT
This Agreement may not be assigned by either Party without express written consent of the other Party.
23. FORCE MAJEURE
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike, or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party's performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
24. CHANGES TO THIS AGREEMENT
Company may revise these terms and will always post any updated or more recent versions on the Company website. By continuing to use or access the Services after any revisions come into effect, Participant agrees to be bound by the revisions.
25. PARTICIPANT RESPONSIBILITY; NO GUARANTEES
Participant accepts and agrees that Participant is 100% responsible for their progress and results from the Services. Company will help and guide Participant; however, participation is the one vital element to success that relies solely on Participant. Company makes no representations, warranties, or guarantees verbally or in writing regarding Participant's performance.
Participant understands that because of the nature of the program, the results experienced by each Participant may significantly vary. Participant acknowledges that award availability, airline policies, and credit card program terms are subject to change without notice and there is no guarantee that Participant will achieve the same results or savings as illustrated in marketing materials. Company's comments about potential outcomes are expressions of opinion only based on historical results. Company makes no guarantee other than that the Services offered shall be provided to Participant in accordance with the terms of this Agreement, subject to the First Flight Guarantee terms set forth in Section 8.
Privacy Policy
Effective Date: January 1, 2026
This Privacy Policy describes how Empath Labs LLC dba Fly Lux ("Company," "we," "us," or "our") collects, uses, and shares information about you when you use our websites, online services, and applications (collectively, the "Services").
1. INFORMATION WE COLLECT
Information You Provide: We collect information you provide directly to us, including your name, email address, postal address, phone number, payment information (credit card numbers, billing address), and any other information you choose to provide when you create an account, make a purchase, contact us, or participate in our Services.
Information We Collect Automatically: When you access or use our Services, we automatically collect certain information, including: your IP address, browser type, operating system, device identifiers, pages viewed, links clicked, and the date and time of your visit. We may also collect information about your location based on your IP address.
Cookies and Similar Technologies: We use cookies, pixel tags, and similar technologies to collect information about your browsing activities and to distinguish you from other users. You can control cookies through your browser settings, but disabling cookies may limit your ability to use certain features of our Services.
2. HOW WE USE YOUR INFORMATION
We use the information we collect to: provide, maintain, and improve our Services; process transactions and send related information; send you technical notices, updates, security alerts, and support messages; respond to your comments, questions, and requests; communicate with you about products, services, offers, and events; monitor and analyze trends, usage, and activities; detect, investigate, and prevent fraudulent transactions and other illegal activities; personalize and improve your experience; and carry out any other purpose described to you at the time the information was collected.
3. SHARING OF INFORMATION
We may share information about you as follows or as otherwise described in this Privacy Policy:
- With vendors, consultants, and other service providers who need access to such information to carry out work on our behalf (such as payment processors, email service providers, and hosting providers);
- In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation, or legal process;
- If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property, and safety of us or others;
- In connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company;
- With your consent or at your direction.
We do not sell your personal information to third parties.
4. DATA RETENTION
We retain personal information for as long as necessary to fulfill the purposes for which it was collected, including to satisfy any legal, accounting, or reporting requirements. When we no longer need personal information, we securely delete or anonymize it.
5. DATA SECURITY
We take reasonable measures to help protect information about you from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. However, no internet or electronic storage system is completely secure, and we cannot guarantee absolute security.
6. YOUR RIGHTS AND CHOICES
Account Information: You may update, correct, or delete your account information at any time by contacting us at support@flylux.org. Note that we may retain certain information as required by law or for legitimate business purposes.
Marketing Communications: You may opt out of receiving promotional emails from us by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
California Residents: California residents may have additional rights under the California Consumer Privacy Act (CCPA), including the right to know what personal information we collect, the right to delete personal information, and the right to opt out of the sale of personal information. To exercise these rights, contact us at support@flylux.org.
7. THIRD-PARTY LINKS
Our Services may contain links to third-party websites and services. We are not responsible for the privacy practices of these third parties. We encourage you to read the privacy policies of any third-party websites you visit.
8. CHILDREN'S PRIVACY
Our Services are not directed to children under 18 years of age. We do not knowingly collect personal information from children under 18. If we learn that we have collected personal information from a child under 18, we will take steps to delete such information promptly.
9. INTERNATIONAL DATA TRANSFERS
Your information may be transferred to and processed in countries other than your country of residence. These countries may have data protection laws that are different from the laws of your country. By using our Services, you consent to the transfer of your information to the United States and other countries.
10. CHANGES TO THIS PRIVACY POLICY
We may update this Privacy Policy from time to time. If we make material changes, we will notify you by posting the updated policy on our website and updating the effective date. Your continued use of our Services after the effective date constitutes your acceptance of the revised Privacy Policy.
11. CONTACT US
If you have any questions about this Privacy Policy, please contact us at: support@flylux.org
Acceptable Use Policy
Effective Date: January 1, 2026
This Acceptable Use Policy ("AUP") governs your use of the services, websites, and platforms provided by Empath Labs LLC dba Fly Lux ("Company," "we," "us," or "our"). By accessing or using our Services, you agree to comply with this AUP.
1. PERMITTED USE
Our Services are provided for your personal, non-commercial educational use. You may access course materials, participate in community discussions, and use provided tools and resources in accordance with the terms of your enrollment. You may share access with one designated assistant as described in the Participant Agreement.
2. PROHIBITED ACTIVITIES
You agree not to engage in any of the following prohibited activities:
Unauthorized Distribution: Copying, reproducing, distributing, publishing, or sharing any course materials, videos, documents, or other proprietary content with any third party, except as expressly permitted under the EA/Assistant Exception.
Commercial Use: Using any materials or strategies from our Services to create competing products, courses, or services, or reselling access to our content in any form.
Account Sharing: Sharing your login credentials with anyone other than your one designated assistant, or allowing multiple individuals to access the Services through a single account.
Harassment and Misconduct: Harassing, threatening, intimidating, or bullying other participants, staff, or Company representatives. This includes posting offensive, defamatory, or discriminatory content in any community spaces.
Spam and Solicitation: Posting unsolicited promotional content, advertisements, or solicitations in community spaces, or using our Services to send spam or bulk communications.
Fraudulent Activity: Engaging in any fraudulent activity, including but not limited to providing false information, initiating unauthorized chargebacks, or misrepresenting your identity.
System Interference: Attempting to gain unauthorized access to our systems, interfering with the proper functioning of our Services, or introducing viruses, malware, or other harmful code.
Illegal Activities: Using our Services in connection with any illegal activity or in violation of any applicable laws or regulations.
3. COMMUNITY GUIDELINES
When participating in any community spaces (forums, groups, comment sections, etc.), you agree to:
- Treat all members with respect and professionalism;
- Keep discussions relevant to the topics and purposes of the community;
- Refrain from sharing personal information of others without their consent;
- Not post content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
- Report any violations of these guidelines to support@flylux.org.
4. INTELLECTUAL PROPERTY
All content provided through our Services, including but not limited to text, graphics, logos, videos, audio, and software, is the property of Company or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, copy, modify, or distribute any content without our prior written consent, except as expressly permitted in the Participant Agreement.
5. MONITORING AND ENFORCEMENT
We reserve the right, but are not obligated, to monitor your use of our Services for compliance with this AUP. We may investigate any suspected violations and take appropriate action, including:
- Issuing warnings;
- Removing or disabling access to content that violates this AUP;
- Suspending or terminating your access to our Services without refund;
- Reporting violations to law enforcement authorities where appropriate.
6. REPORTING VIOLATIONS
If you become aware of any violation of this AUP, please report it to us immediately at support@flylux.org. We will investigate all reports and take appropriate action.
7. CHANGES TO THIS POLICY
We may update this AUP from time to time. We will notify you of any material changes by posting the updated policy on our website. Your continued use of our Services after the effective date of any changes constitutes your acceptance of the revised AUP.
8. CONTACT
If you have any questions about this Acceptable Use Policy, please contact us at: support@flylux.org