Version 2026-09-16
This End User Licence Agreement (the “Agreement”) governs your use of the Birds Eye Trading software. It is a licence, not a sale: you are permitted to use the software on the terms set out below, and no ownership passes to you.
You must accept this Agreement before purchasing. If you do not accept it, do not purchase, install or use the software.
1. Relationship to our Terms & Conditions
1.1 This Agreement covers the software itself: what you may do with it, what you may not, and on what basis it is provided. Our Terms & Conditions cover the wider commercial relationship, including fees, billing, renewal, cancellation, refunds, limitation of liability and dispute resolution. Both apply to you.
1.2 The two documents are intended to be read together. Where they cannot be reconciled, the Terms & Conditions prevail.
1.3 In this Agreement, “we”, “us” and “our” mean Birds Eye Trading LLC, a Missouri limited liability company, 8301 State Line Rd. Ste 220 #3953, Kansas City, MO 64114. “You” means the individual holding the account. “Software” means the Birds Eye Trading indicator and strategy supplied for use within NinjaTrader, together with any update, patch or replacement we make available. “Licence Key” means the credential issued to your account that permits the Software to run. “Machine ID” means the identifier NinjaTrader reports for the computer the Software is licensed to.
2. Licence granted
2.1 Subject to your compliance with this Agreement and to your subscription being current, we grant you a personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and use the Software on one computer, identified by its Machine ID, for your own trading.
2.2 The licence lasts for as long as your subscription is paid and current. It ends when the subscription ends, whether by cancellation, expiry, non-payment or termination under clause 9.
2.3 The licence is for your own use. It does not permit use by, or on behalf of, any other person, whether or not payment is involved.
3. One machine, and moving it
3.1 The Software is licensed to a single Machine ID. You supply that identifier when you purchase, and the Software will not run on a computer that does not match it.
3.2 You may move the licence to a different computer, subject to the transfer allowance shown in your account. The allowance exists so that a replaced or rebuilt machine is not a problem, while a single licence shared between several people is not practical.
3.3 If you exhaust the allowance for a legitimate reason, contact us and we will move it for you.
4. Your Licence Key
4.1 Your Licence Key identifies your account. Treat it as confidential. Do not publish it, share it, or include it in a screenshot, a support post or a video.
4.2 You are responsible for use made of your Licence Key. If you believe it has been disclosed, tell us and we will issue a replacement.
5. What you may not do
You may not:
- copy the Software except as strictly necessary to install and back it up;
- sell, rent, lease, lend, sublicense, distribute or otherwise make the Software available to anyone else;
- use the Software to provide a signal service, managed account service, or any other service to a third party;
- decompile, disassemble, reverse engineer, or attempt to derive the source code, algorithms or logic of the Software, except to the extent that applicable law expressly permits it despite this restriction;
- modify, adapt or create derivative works from the Software;
- circumvent, disable or interfere with the licence check, the Machine ID binding, or any other technical measure protecting the Software;
- remove or obscure any copyright, trademark or other proprietary notice; or
- use the Software in breach of any applicable law or exchange rule.
6. Ownership
6.1 The Software is licensed, not sold. We and our licensors retain all right, title and interest in it, including all intellectual property rights in its code, models, methods, interface and documentation.
6.2 Nothing in this Agreement transfers any of those rights to you. All rights not expressly granted are reserved.
6.3 Trades you place, and any results you obtain, are yours. We claim no interest in them.
7. Updates, and changes to the Software
7.1 We may issue updates. An update is supplied under this Agreement unless it comes with its own licence terms, in which case those terms apply to it.
7.2 We may change how the Software works, add features, or withdraw them. We will not knowingly make a change that removes the core function you subscribed for without notice.
7.3 You are not obliged to install an update, but we support only current versions, and an older version may stop working when a platform or data provider changes.
8. NinjaTrader and other third parties
8.1 The Software runs inside NinjaTrader. NinjaTrader is not ours, we do not licence it to you, and your use of it is governed by your agreement with its supplier. The same applies to your broker, your data feed and any other third-party service.
8.2 We are not responsible for those services, for their availability, or for changes they make that affect the Software.
9. What the Software sends us
9.1 To check that a licence is valid, the Software sends your Licence Key and your Machine ID to our server. It does not send your trades, your positions, your account balance or your market data.
9.2 What we hold and why is set out in our Privacy Policy.
10. No warranty
10.1 The Software is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, accuracy and non-infringement.
10.2 We do not warrant that the Software will be uninterrupted or error free, that every signal will be correct, or that defects will be corrected.
10.3 The Software does not give financial advice and no result is promised. It analyses market history and marks what it finds. Past performance, including any backtest, is not a reliable indicator of future results. Trading futures involves substantial risk of loss and is not suitable for everyone. Sections 3 and 4 of our Terms & Conditions set this out in full and apply to your use of the Software.
10.4 Some jurisdictions do not allow the exclusion of implied warranties, so parts of clause 10 may not apply to you.
11. Limitation of liability
11.1 Our liability to you in connection with the Software is limited as set out in section 16 of our Terms & Conditions, which applies to this Agreement as though repeated here.
11.2 In particular, and to the fullest extent permitted by law, we are not liable for trading losses, lost profits, lost opportunity, or any indirect or consequential loss arising from your use of, or inability to use, the Software.
11.3 Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited.
12. Termination of the licence
12.1 The licence ends automatically when your subscription ends.
12.2 We may terminate the licence immediately if you breach this Agreement, in particular clause 5. Where the breach is capable of being put right and was not deliberate, we will normally tell you and give you a reasonable opportunity to put it right first.
12.3 On termination you must stop using the Software and remove it from your computer. Your Licence Key will stop validating, and the Software will stop running.
12.4 Clauses 6, 10, 11 and 13 survive termination.
13. General
13.1 We may change this Agreement. If we do, we will publish the new version here with a new version date, and ask you to accept it before your next purchase or renewal. Continuing to use the Software after a change means you accept it.
13.2 This Agreement is governed by the law of the State of Missouri, and disputes are resolved as set out in sections 22 and 23 of our Terms & Conditions.
13.3 If any part of this Agreement is found to be unenforceable, the rest continues in force.
13.4 This Agreement, together with our Terms & Conditions and Privacy Policy, is the entire agreement between us about the Software.
14. Contact
Questions about this Agreement: [email protected], or Birds Eye Trading LLC, 8301 State Line Rd. Ste 220 #3953, Kansas City, MO 64114.