September 2026
These terms govern your use of the Birds Eye Trading website and software. By creating an account or purchasing a plan you agree to be bound by them. If you do not agree to them, do not use the software.
In these terms, “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 or replacement we make available.
1. Agreement and acceptance
1.1 These terms take effect on the earlier of the date you accept them and the date you first create an account or use the software. Use of either constitutes acceptance, whether or not you have read them.
1.2 Our Privacy Policy forms part of this agreement. Where any other material we publish — documentation, frequently asked questions, support correspondence or marketing pages — conflicts with these terms, these terms prevail. Such material is provided for guidance and does not constitute a warranty or representation.
1.3 No signature is required for this agreement to bind us. Provision of access to an account constitutes our acceptance.
2. Eligibility
2.1 To hold an account and purchase a plan, you represent and warrant that each of the following is true:
- you are at least 18 years of age, or older where that is the age of majority in your jurisdiction;
- you are neither located in nor ordinarily resident in a country subject to comprehensive United States embargo or trade restriction;
- you do not appear on any governmental list of restricted, sanctioned or prohibited parties;
- you are acquiring the software for your own trading and not for resale or repackaging; and
- you are able to read and understand English, which is the language of this agreement.
2.2 Where we determine that an account was opened by a person who did not meet these conditions, we may close it without refund. Where you opened an account before reaching the age of majority and continue to use it after reaching that age, you are deemed to have accepted this agreement from the outset.
3. No financial advice
3.1 Birds Eye Trading is a software licensing company. We are not financial advisers, brokers, commodity trading advisors or fund managers, and we are not registered in any such capacity.
3.2 We do not manage money, hold client funds, execute trades on your behalf, or make recommendations as to what you should buy or sell. Nothing on this website, within the software, in its output, or in any support we provide constitutes financial, investment, tax or legal advice, and none of it is a recommendation or solicitation to trade.
3.3 Each trading decision you make is yours alone, taken on your own judgement and at your own risk.
4. Risk disclosure
4.1 Trading futures and other leveraged products carries a substantial risk of loss and is not suitable for every investor. Leverage operates in both directions. You may lose more than the funds you deposit, and you should not trade with money you cannot afford to lose.
4.2 Any performance figures we present — including backtests, simulated results, Strategy Analyzer output and equity curves — are hypothetical. Hypothetical results have inherent limitations: they are prepared with the benefit of hindsight, they involve no financial risk, and no simulated record can fully account for the effect of real market conditions such as slippage, liquidity, latency, fees, or the discipline required to follow a system through a period of losses. They are not a live track record and are not indicative of future results.
4.3 The software may be incorrect. It may generate losing signals, miss trades, misread market conditions or fail entirely. You are responsible for supervising its operation.
5. Licence granted
5.1 Subject to your compliance with this agreement, a plan grants you a limited, personal, non-exclusive, non-transferable and revocable licence to use the software within NinjaTrader for so long as your plan remains active. You are not purchasing the software itself, and all intellectual property rights in it remain ours.
5.2 The software presently requires NinjaTrader 8.1 or later. Provision of a compatible platform, data feed, brokerage account and computer is your responsibility, and the cost of each is excluded from the plan price.
6. Your account
- 6.1 One account is permitted per email address, and one licence per account. A second licence requires a second account with its own email address.
- 6.2 Your licence key is bound to a single registered machine ID at any one time and will validate only from that machine.
- 6.3 You are responsible for maintaining the confidentiality of your password and licence key, and for all activity conducted through your account.
- 6.4 You may transfer your licence to another computer up to twice in any thirty-day period by updating the machine ID on your License page. Should you require a transfer beyond that allowance, contact us and we will effect it for you.
7. Restrictions
7.1 You may not:
- share, resell, sublicense, rent, lend or publish your licence key, or permit any other person to use it;
- copy, decompile, disassemble, reverse-engineer or otherwise attempt to derive the source code of the software, save to the extent the law expressly permits notwithstanding this restriction;
- remove or alter any licensing, attribution or protection mechanism, or attempt to operate the software without a valid licence; or
- use the software to operate a signal service, managed account, fund or other offering that resells its output to third parties, without our prior written agreement.
7.2 Breach of this clause may result in suspension or termination of your licence without refund.
8. Third-party platforms and services
8.1 The software operates within NinjaTrader and depends upon matters outside our control, including your trading platform, broker, data feed, internet connection and computer. We are not responsible for their availability, accuracy, latency, pricing or behaviour, and we do not act as agent for any of them.
8.2 Those providers contract with you directly. Nothing in this agreement varies those arrangements, and where a provider limits or terminates your access we are unable to restore it. Where a change on their part impairs the software, we will use reasonable efforts to adapt it, but we cannot warrant compatibility with future versions of software we do not develop.
8.3 Payments are processed by a third-party payment processor under its own terms.
8.4 Some links on the website to third parties, including links to NinjaTrader, are affiliate links. If you follow one and then download software, open an account or buy a product or service from that third party, we may receive a commission from it. This costs you nothing extra and does not change the price or terms the third party offers you. Your dealings with that third party are between you and it, as described in clause 8.2.
9. Pre-release features and confidentiality
9.1 We may offer early access to features still in development. Anything identified as beta, preview or early access is provided on an experimental basis: it may be unstable, may change without notice and may be withdrawn. It should not be relied upon in a live account.
9.2 Where we disclose to you material that is not public — an unreleased build, internal documentation, or pricing offered to you alone — you shall keep it confidential and use it solely for the purpose for which it was provided.
10. Fees, billing and renewal
10.1 Prices are stated in United States dollars and exclude any tax that may apply to you. Plans renew automatically at the end of each billing period, at the price then in force, using the payment method registered to your account, until cancelled.
10.2 Promotional pricing applies only while the relevant promotion is running and only where its published conditions are satisfied. We may vary our prices; a variation never affects a period for which you have already paid.
10.3 The launch price is offered to individual traders buying for themselves. It is not available to companies, partnerships, funds, proprietary trading firms or other organisations, or to anyone buying on behalf of one. Eligibility is determined from the email address registered to your account at the time of purchase; where an account does not qualify, the standard price is shown and charged. This condition affects price only. It does not restrict who may license or use the software, and a licence bought at the standard price carries the same rights.
10.4 Where a payment fails, we may suspend your licence until the amount is settled.
11. Cancellation
11.1 You may cancel at any time from your Plan page. Cancellation prevents the plan from renewing; it does not terminate access immediately. You retain full access until the end of the period for which you have paid, and that date is shown on the same page. A cancellation may be reversed at any time before that date.
11.2 Upon lapse of a plan the licence ceases to validate and the software ceases to operate. Your account, licence key and settings are retained.
12. Refunds
12.1 Payments are non-refundable. This includes part-used periods, plans that have gone unused, and plans cancelled part-way through a term. If you are uncertain whether the software is suitable for you, we recommend beginning on the Monthly plan.
12.2 One exception applies. On moving from the Monthly plan to the Annual plan, the unused portion of your current month is calculated pro rata to the day and credited against the Annual price, so that you pay only the difference. This is a credit applied to an upgrade and not a cash refund.
12.3 Moving to a plan that costs less, or to a shorter billing period, takes effect at the end of the period you have already paid for. Your current plan continues unchanged until that date and the new plan begins immediately afterwards. Nothing is charged and nothing is credited at the time you make the change, and the period you have paid for is not shortened, refunded or exchanged.
12.3 Nothing in this clause removes any right available to you under consumer law that cannot be waived by agreement.
13. Chargebacks and payment disputes
13.1 If you believe you have been billed in error, please contact us first at [email protected]. Billing matters are ordinarily resolved more quickly with us directly than through your bank.
13.2 Initiating a chargeback or payment dispute in respect of a charge validly owed — that is, where the licence was issued and the software was available to you — constitutes a breach of this agreement. In that event we may suspend or terminate the licence; the amount remains due, together with any fee our payment processor charges us for handling the dispute. We may refer unpaid amounts for collection, and you will be responsible for the reasonable costs of recovery.
13.3 This clause does not affect a genuine billing error, an unauthorised charge, or any right available to you under card-network rules or consumer law.
14. Communications
14.1 Creating an account means we will send you the correspondence necessary to operate it: order confirmations, your licence key, password resets, billing notices, security alerts and notice of changes to these terms. These cannot be opted out of while you hold an account, as they are integral to the service.
14.2 Marketing email is separate. It is sent only to those who have requested it, and each such message carries an unsubscribe link. Unsubscribing does not affect the correspondence described in clause 14.1.
14.3 We use the email address registered to your account, which you should keep current. Notices sent to that address are deemed delivered.
15. Availability and support
15.1 We aim to keep the service available and the software operating correctly, but we do not warrant that the website, the licence validation service or the software will be uninterrupted or error-free. We may take the service down for maintenance, and we may change or discontinue features.
15.2 Support is provided by email at [email protected]. We do not provide trading advice through support.
15.3 You may attach files to a support request, and only these types are accepted: PNG, JPEG, GIF and WebP images, and CSV spreadsheets. Each file may be up to 5MB and a request may carry up to five. Anything else — including programs, scripts, archives and documents — is refused, whatever the file is named; we check what a file actually contains rather than trusting its name or extension. Images are rebuilt from their pixels and spreadsheets are rebuilt from their cells before either is stored, which removes anything carried in the file beyond the picture or the data itself. Do not send us credentials, card numbers or anything you are not entitled to share.
16. Limitation of liability
16.1 To the fullest extent permitted by law, we are not liable for any trading loss, lost profit, lost opportunity, missed trade, erroneous signal, or any indirect or consequential loss arising from your use of the website or the software, whether or not the software performed as intended.
16.2 Where liability cannot lawfully be excluded, our total aggregate liability to you in respect of any claim is limited to the amount you paid us in the twelve months preceding the date the claim arose.
16.3 The software is provided “as is” and “as available”, without warranty of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, accuracy or profitability. Nothing in this agreement excludes liability for fraud or for any other matter that cannot lawfully be excluded.
17. Indemnification
17.1 You shall indemnify us against any claim brought against us arising from your use of the software, including reasonable legal costs. This extends to claims arising from your trading decisions and their consequences, your breach of this agreement, your infringement of the rights of a third party, and any act performed through your account by a person you permitted to use it.
17.2 This indemnity does not extend to claims caused by our own breach of this agreement. We will notify you promptly of any claim in respect of which we expect to seek indemnity.
18. Termination
18.1 You may cease using the software at any time by cancelling your plan. We may suspend or terminate your licence where you breach these terms, where payment is not made, or where we reasonably believe your account is being used fraudulently. Where we terminate for breach, no refund is due.
19. Changes to these terms
19.1 We may update these terms from time to time. The date at the head of this document records when they last changed. Material changes will be notified by email or on the website before they take effect, and continued use of the software thereafter constitutes acceptance of them.
20. Force majeure
20.1 Neither party is liable for failure to perform an obligation where that failure results from a cause genuinely beyond its control, including outages affecting our host or payment processor, failures of the exchanges, data feeds or trading platforms on which the software depends, denial-of-service attacks, natural disaster, war, or a change in law rendering performance unlawful.
20.2 This clause does not excuse a failure to pay a sum that is due.
21. Legal compliance and export control
21.1 You are responsible for compliance with the laws applicable to you, including any rules governing automated trading in your jurisdiction and any tax arising on your trading. We do not advise on either.
21.2 The software may be subject to export control and sanctions law. You may not export it, carry it, or provide access to it in any country or to any person where the law prohibits doing so.
22. Dispute resolution
22.1 In the event of a dispute, please contact us first. Most matters are resolved that way, and we ask that you allow us thirty days to resolve a complaint before commencing formal proceedings.
22.2 Where a dispute is not resolved, it shall be determined by the courts identified in clause 23. We do not require you to arbitrate, and we do not ask you to waive any right to participate in a class action.
23. Governing law and jurisdiction
23.1 This agreement is governed by the laws of the State of Missouri, without regard to its conflict-of-laws rules. The state and federal courts located in Missouri have exclusive jurisdiction over any dispute arising out of it, and both parties submit to that jurisdiction.
24. General
- 24.1 Assignment. You may not transfer your account, your licence or this agreement to any other person. We may assign it to a company acquiring this business, and will notify you if we do.
- 24.2 No waiver. A failure to enforce any part of this agreement immediately is not a waiver of the right to enforce it subsequently.
- 24.3 Severability. If a court finds any part of this agreement unenforceable, the remainder continues in effect and that part is narrowed to the extent the law allows.
- 24.4 Survival. Clauses 5 (Licence granted), 12 (Refunds), 16 (Limitation of liability), 17 (Indemnification), 22 (Dispute resolution) and 23 (Governing law and jurisdiction) survive termination of your account.
- 24.5 Entire agreement. This document and the Privacy Policy constitute the entire agreement between the parties in respect of the software and supersede any prior statement or understanding.
- 24.6 No third-party rights. No person other than you and us may enforce this agreement.
25. Contact
Questions concerning these terms should be addressed to [email protected]. See also our Privacy Policy.