KEYBOARD TRADER SOFTWARE REGISTRATION TERMS & CONDITIONS

TRANSACTIONAL SOFTWARE TERMS & CONDITIONS

    TRANSACTION FEES: Transactional Software involves two basic fees:

  1. A fee per contract per side executed for trades sent or modified by Keyboard Trader. This includes trades initially sent by Keyboard Trader (and eventually filled), and trades initially sent without using Keyboard Trader, but subsequently modified by Keyboard Trader (and eventually filled).
  2. A fee per contract per side for other trades executed while Keyboard Trader is running. This includes trades not initially sent by Keyboard Trader, and not modified by Keyboard Trader.

If an order is partially filled, Customer is charged the appropriate fee only for the executed quantity. If an order initially sent without using Keyboard Trader is partially filled, and then is subsequently modified using Keyboard Trader and the remainder is filled, Customer is charged the lesser fee (i.e., 2nd fee above) for the initial partial fill, and the higher fee (i.e., 1st fee above) for the remainder fill.

LICENSE ADJUSTMENTS: Bionic Trader Systems allows you to adjust your license level (Standard/Premium/Professional) at any time. If you change your license level in the middle of a month, you may be charged different transaction fees pre-license adjustment and post-license adjustment, based on our pricing schedule. If you increase your license level in the middle of a month, your cap on transaction fees will be the higher cap for the entire month. If you decrease your license level in the middle of a month, your cap on transaction fees will not decrease to the lower cap unless you have not logged on at all that month yet, as determined by Bionic Trader Systems. Contact us at sales@keyboardtrader.com to request an adjustment to your license level.

BILLING: Invoices for Transactional Software are issued at the end of each month. Invoices will be sent to the contact on this Software Registration. If your payment does not settle by its due date, Bionic may immediately terminate your username/login or suspend it until payment has been received and settled. If you know your payment will be late, please email us ahead of time at sales@keyboardtrader.com.

CANCELLATION: If you wish to stop using Keyboard Trader, please email us at sales@keyboardtrader.com.

REFUNDS: There are no refunds on transaction fees associated with Transactional Software.

DISPUTED TRANSACTIONS: If you believe that transactions that you were charged for did not occur with your username/password, email us and describe the problem. We may require additional information from you. Decisions on disputed transactions are made on a case-by-case basis. If the number of transactions you dispute with us without good reason becomes too burdensome for us to manage, we may terminate your use of the Transactional Software and request that you either switch to the Pre-Paid Software or terminate your account.

PRE-PAID SOFTWARE TERMS & CONDITIONS

SUBSCRIPTION PERIODS: For the first individual or company user, the initial Subscription Period of the software license is 1 month long, and the initial Subscription Period extension is 3 months long, plus the time required to conform the account with our billing schedule. After that, Subscription Periods are extendable every 3 months. When a company has more than one license, each of the licenses will have the same Expiration Date. This will facilitate license re-activations for both parties. See the Refunds section for more information.

EXPIRATION DATE: The Expiration Date is the first day that the software will not operate. When a Subscription Period is extended, the Start Date of the extended Subscription Period is the same as the Expiration Date of the prior Subscription Period. Do not look to the software About Box “Expiration” as this refers to something else. If you aren’t sure of your Expiration Date, please let contact Bionic Trader Systems.

NO PAYMENT / LATE PAYMENT: The Subscription Period cannot start until payment has been received and funds have settled. If your payment does not settle by your requested Subscription Period Start Date, your invoice total will remain the same. For the initial

Subscription Period for the first individual or company user, the Start Date and Expiration Date will automatically be pushed back. For the initial Subscription Period for subsequent users, or extended Subscription Periods for all users, the Start Date will automatically be pushed back, but the Expiration Date will remain the same. Any overpayment for the shortened term will be credited against the next term’s invoice, or refunded if there is no subsequent term. If you prefer, email us at sales@keyboardtrader.com and ask us to refund your credit balance at any time

LICENSE MANAGEMENT: Activation/deactivation of the software may be handled differently depending on whether the individual or company trading computer(s) have general internet access or are on private lines. To avoid delays in software activations and re-activations, monitor the email addresses you provided to us, and respond to instructions promptly for each trading computer requiring activation.

LICENSE ADJUSTMENTS: During an active Subscription Period, Bionic Trader Systems allows you to adjust your license level (Standard/Premium/Professional). Adjustments to the license level can affect the length of the Subscription Period (a shortened Subscription Period when increasing the license level, or a lengthened Subscription Period when decreasing the license level). Alternatively, you can keep the same Subscription Period but pay the difference in our fees for increased license levels or get a rebate for reduced license levels. Contact us at sales@keyboardtrader.com to request an adjustment to your license level.

RE-BILLING: We automatically re-bill approximately 1 month before the Expiration Date of the active Subscription Period. The initial re-bill may be delayed. Each time you pay a software invoice, this automatically extends the Subscription Period, and automatically serves as your agreement to the current version of the EULA and any adjustments to the EULA that may occur during the extended Subscription Period. The current version of the EULA is available on the keyboardtrader.com domain.

NON-RENEWAL: If you wish to discontinue your Keyboard Trader subscription after your current Subscription Period ends, please let us know at sales@keyboardtrader.com. Alternatively, if we don’t receive payment to extend your Subscription Period, we will simply not enable your license for re-activation and/or disable your login.

REFUNDS FOR PRE-PAID SOFTWARE: Bionic Trader Systems allows shortening of, and pro-rata refunds for, Subscription Periods after they have been paid, according to the following policies and limitations: (1) We require notice from you by email to sales@keyboardtrader.com which clearly states your intent to shorten the Subscription Period. (2) Depending on the method we used to activate your access to Keyboard Trader, we may require your having email connectivity, and your presence at the workstation where your license is located to help us shorten your Subscription Period. (3) The Subscription Period will be shortened to Expire on a date no earlier than 1 month from the day the License Code is adjusted. There are no exceptions. (4) The amount of the refund will equal the pro-rata fees that have been paid to Bionic Trader Systems that can be attributed to the days forfeited by the adjustment to the Subscription Period.

EXCEL CONNECTIVITY TERMS & CONDITIONS

GENERAL: Excel connectivity includes functionality to receive bid/ask, net position, and open orders in Excel for T4 and Interactive Brokers (TWS). For CQG users, the same data is made available except bid/ask. For X_TRADER Pro users, the information is not provided at all. Excel connectivity also allows users of all APIs to trigger Keyboard Trader macros from Excel, as well as to send and modify orders in Keyboard Trader using pricing taken from Excel. The Excel Add-In for Keyboard Trader is only supported in Excel 2007, Excel 2013, and Excel 2016. Professional version highly recommended.

PRICING: The flat fee listed does not include Data Publishing fees; see Data Publishing Terms & Conditions for more information.

ADDITIONAL API CONNECTIONS TERMS & CONDITIONS

GENERAL: Adding a second API connection (or more) will allow you to trade with each API connection from the same keyboard. You can run Keyboard Trader macros that include functionality for multiple APIs at the same time, or you can keep functionality related to each API separate.

DATA PUBLISHING TERMS & CONDITIONS

BASIC TRADE DATA: There are no charges for “Basic Trade Data”. This usually includes variables such as order ids, user ids, symbols, exchange order ids, timestamps, account ids, base platform the order is associated with, whether the order was sent using or modified by Keyboard Trader, order quantity, order state, side (buy/sell), order execution price, and variables internal to Keyboard Trader reflecting a user’s session and internal identification numbers. It is your option whether to have this data published to our server, your server, not at all, and/or with some variables excluded. For Transactional Users, we require most of this data to be published in order to know how much to charge you and to handle disputed transactions.

EXCEL DATA: Keyboard Trader has a two-way connection with Microsoft Excel. Using this connection, you can transfer variables from Excel to Keyboard Trader, and these variables can optionally be published to a database upon orders and/or executions. For each symbol, you can choose which variables to publish using checkboxes on the “Excel” tab of the “Specifications Form”. For CQG and X_TRADER Pro, Excel data will be published for all order price modifications (and all executions.)For TWS and T4, Excel data will be published only for initial orders and all executions, but not for order price modifications. If you don’t want to publish any Excel data, do not check any variables on the “Excel” tab of the “Specifications Form”.

EXCEL DATA PRICING: Each Row of Excel data represents one Excel variable published for each individual order or execution. Partial fills will result in separate data publishes. Example calculation of number of rows expected to be published: Assume that you have 120 variables you are working with in Excel, and that you select 100 variables to publish for each order and execution. Let’s assume you send an order to buy a quantity of 10 of a symbol. When you send the order, Keyboard Trader will start the publication of the values of these 100 variables (if the checkbox to publish Excel data upon an order is checked). Let’s assume you get two partial fills for this order, first for a quantity of three, and next a partial fill of four. Then we assume you cancel the remainder of the order. For each of these partial fills, the values of these 100 variables will publish (if the checkbox to publish Excel data upon an execution is checked). In total, 300 rows of Excel data would publish related to this one order with two partial fills. If you had the same event happen 10 times in a day, that would represent 3,000 rows of Excel data published. Examples for pricing above 20,000,000 rows of Excel data per month: 25,000,000 rows: $275; 30,000,100: $305; 40,000,100: $335; etc.

SELECTING A PLAN: If you want to publish “Basic Trade Data” and “Excel Data” to your server, there is a flat monthly fee, and your selecting this option would cause us to invoice you. If you don’t want to publish any “Excel Data” at all, or if you want to publish “Excel Data” to our server, then there is no need to select anything, as we will charge you based on the amount of data you publish.

INVOICING: If you want to publish data to your server, fees are pre-paid. if you want to publish data to our server, invoice is sent at the end of the trading month. If you are a “No Trading” user (i.e., only using Keyboard Trader for data publishing), then you would only receive one invoice from us, which is related to Data Publishing. If you are trading using Keyboard Trader under a Transactional Plan, then you will receive a combined invoice for trading fees plus Data Publishing fees after the end of the trading month. If you are trading using Keyboard Trader under a Pre-Paid Software Plan, then you will receive two invoices: one for trading prior to the start of the month, and one after the end of the trading month related to Data Publishing fees. Contact us if you prefer to consolidate your invoicing and we can come up with an alternative approach.

GENERAL TERMS & CONDITIONS

SALES TAX: Sales Tax will be charged on orders delivered to any state where Bionic Trader Systems is required to be registered to collect sales tax. In the event no sales tax is included by Bionic Trader Systems, purchaser has the obligation to remit use tax to the state of use. If you are you exempt from sales tax, attach your exemption certificate to this Software Registration form. Tax exempt status is dependent on the validity of the claimed exemption.For international customers, if VAT or duties are imposed at importation, these fees may be charged to customer.

CHANGES TO YOUR CONTACT INFORMATION: Email sales@keyboardtrader.com with any changes to your contact information, or the contact information of subscribed traders. Software licenses may be updated using email; therefore, it is important for us to have your current email address(es).

ADDITIONAL PRODUCTS & SERVICES: After submitting this Software Registration form, you may order additional products and services, or change the products and services you receive from us, by email or phone. Your submission of the Software Registration authorizes us to accept your additional orders or requests by email or phone. These changes may include switching between Software License Levels (Standard, Premium, Professional), Pre-paid and Transactional Software programs, ordering software for the first time after initially only purchasing hardware from us, etc.

ILLINOIS LICENSEES: Illinois licensees of Keyboard Trader are required to submit a signed copy of the EULA. A printable copy is available at: http://www.keyboardtrader.com/EULA.pdf. Scan/send signed copy to sales@bionictradersystems.com. If questions, call or email us.

KEYBOARD TRADER KEYBOARD TERMS & CONDITIONS

KEYS: If we don’t have some keys in stock that are part of the keyboard package you order, we may send you substitute keys upon your initial order, and then send the actual keys once we get them in stock. You would keep the substituted keys at no extra cost.

RETURNS: Keyboard and associated hardware (keys, blank spacers, key pullers) may be returned to Bionic Trader Systems for a refund of the sale price minus $24.95 per month of use, adjusted for partial months. Keyboards used for 15 months or more are non-returnable. There is a limit of one keyboard return permitted per individual regardless of the number of keyboards individual purchases from us over their lifetime. This limit increases to 25% of keyboards purchased for companies, with a hard limit of 5 keyboards able to be returned. Bionic Trader Systems reserves the right to subtract a $25 cleaning fee from refund amount on returned keyboards and/or an appropriate fee to return each keyboard to satisfactory condition. Customer is responsible for shipping, handling, and insurance costs of returns, if any. The official start date of keyboard use is three days after keyboard and associated hardware is shipped, or the date of pickup, if applicable. For international customers, the official start date of keyboard use is date of keyboard received by customer. The official end date of keyboard use is the day keyboard and associated hardware is received back by Bionic Trader Systems.

LIMITED HARDWARE WARRANTY: A 12 month Limited Hardware Warranty comes with the hardware. The Limited Hardware Warranty is available on the keyboardtrader.com domain. In the case of a hardware problem, we may be able to supply you with substitute keyboard while your keyboard is being fixed. Charges may apply, and may be dependent on supplier’s determination of whether or not the malfunction was a result of user-error.

SALES TAX: Sales Tax will be charged on orders delivered to any state where Bionic Trader Systems is required to be registered to collect sales tax. In the event no sales tax is included by Bionic Trader Systems, purchaser has the obligation to remit use tax to the state of use. If you are you exempt from sales tax, attach your exemption certificate to this Software Registration form. Tax exempt status is dependent on the validity of the claimed exemption.For international customers, if VAT or duties are imposed at importation, these fees may be charged to customer.