These Terms of Service ("Terms") govern the use of the StudyRun digital phenotyping research platform ("Platform") operated by Selby Labs Pty Ltd (ABN 50 697 107 083) ("Selby Labs", "we", "us"), a company incorporated in Victoria, Australia, with its registered office at Suite 329/98-100 Elizabeth Street, Melbourne VIC 3000.
By registering for an account, clicking "I Agree", or using the Platform, you ("Customer", "you") agree to be bound by these Terms. If you are accepting on behalf of an institution or organisation, you warrant that you have authority to bind that institution.
Platform means the StudyRun software-as-a-service platform, including mobile applications, APIs, dashboards, and documentation.
Services means access to and use of the Platform under your subscription Plan.
Plan means the subscription tier you have selected, as described on our pricing page or Order confirmation.
Study Data means all data collected from research participants through your studies on the Platform.
Participant means an individual recruited by you to participate in a study.
DPA means the Data Processing Agreement governing processing of personal data on the Platform.
Losses means all liabilities, losses, damages, costs, and expenses including: (i) direct, indirect, and consequential liabilities, losses, damages, costs, and expenses; (ii) legal costs and disbursements, whether incurred or awarded against a party, including costs of investigation, litigation, settlement, and compliance with judgments; and (iii) interest, fines, and penalties, suffered or incurred by any person, and whether arising in contract, tort (including negligence), or otherwise.
To access the Platform you must register an account by providing your full name, email address, organisation name, and country. You must provide accurate and complete information.
At registration you will be asked to agree to these Terms, our Privacy Policy, and our Data Processing Agreement, and to type your full legal name as an electronic signature. The typed signature must match the full name on your account exactly; a mismatch will cause the registration to fail. Your agreement is recorded with the typed name, a timestamp, your IP address, and the version of each document in force at that time. Electronic acceptance under the Australian Electronic Transactions Act 1999 (Cth) and equivalent foreign provisions (including the US E-SIGN Act and EU eIDAS) is legally equivalent to a handwritten signature.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately at support@studyrun.org if you suspect unauthorised access.
Upon registration you receive free access to a shared demo environment for the purpose of evaluating and testing the StudyRun platform, including establishing whether StudyRun is compatible with the smartphone models, operating-system versions, and other hardware you intend to use during your study. You are expected to complete this compatibility testing on the free demo environment before entering into any paid subscription. The demo environment must not be used to collect data from real research participants.
The demo server is hosted in Australia (AWS ap-southeast-2, Sydney). By using the demo environment you acknowledge that any data entered into it, including your account information, is stored in Australia. EU/EEA researchers should be aware of this before entering any personal data into the demo environment.
The demo environment is provided on a best-efforts basis only. It is not guaranteed to be available, reliable, accurate, or fit for any purpose. Selby Labs may suspend, reset, or permanently delete the demo server and all data contained within it at any time and without prior notice, at its sole discretion. No guarantee of data persistence applies to the demo environment and no compensation or liability arises from any interruption, data loss, or deletion. Do not store any data in the demo environment that you cannot afford to lose. You may request immediate deletion of your demo account and associated data at any time by contacting support@studyrun.org.
Full access to the Platform is provided on an annual subscription basis. Available Plans, inclusions, and pricing are set out on the StudyRun pricing page at studyrun.org/pricing. Selby Labs reserves the right to change Plan pricing on 60 days notice to existing subscribers.
To subscribe, you complete the Upgrade flow within the Platform dashboard, selecting your Plan and providing invoicing and study details. On submission you will receive confirmation that your request has been received. An invoice will be issued to your nominated billing email. Your subscription commences when payment has cleared and your server instance has been provisioned.
Each subscription includes its own AWS EC2 virtual machine instance with its own EBS storage volumes, hosted in your nominated AWS region on AWS's standard shared-tenancy infrastructure. Your Study Data is logically isolated from other customers' data within the StudyRun application and database. Access credentials and your unique instance URL will be provided by email following payment confirmation and server provisioning. AWS Dedicated Host or Dedicated Instance tenancy (where the underlying physical hardware is not shared with other AWS tenants) is available as a paid add-on on request to support@studyrun.org.
Subscriptions do not auto-renew. A renewal reminder will be shown in the Platform dashboard starting 30 days before your subscription end date. To renew, complete the upgrade flow again. Selby Labs is not responsible for data loss resulting from failure to renew.
Invoices are payable within 30 days of the invoice date by bank transfer to the account details shown on the invoice. Late payments accrue interest at 2% per month on the outstanding balance.
For Australian customers, invoices include GST where Selby Labs is registered for GST. For international customers, no Australian GST applies. EU customers are responsible for accounting for VAT under the reverse charge mechanism.
If payment is not received within 30 days of the due date, Selby Labs may suspend access to your server instance after 14 days written notice. Selby Labs will not delete your data during a suspension period of up to 60 days.
You warrant that, before commencing any study on the Platform, you have obtained all necessary ethics approvals from your institutional ethics committee (such as a Human Research Ethics Committee in Australia or a Research Ethics Committee in the EU/UK) or equivalent body with jurisdiction over your research, and that your study complies with applicable research ethics guidelines. You further warrant that the approval remains current throughout the term of the study and that any substantial amendment to the study protocol receives further approval before implementation. On request, you will provide Selby Labs with a copy of the approval letter and any amendments.
You are solely responsible for obtaining valid informed consent from all Participants before collecting any data through the Platform, and for providing Participants with a privacy notice that accurately describes the data collection. You must ensure all Participants are made aware of and agree to the Additional Terms for Participants before they download or use the StudyRun mobile app.
You are responsible for maintaining your own records that map Participant identifiers to individual Participants. Selby Labs stores Study Data against pseudonymous Participant identifiers only and cannot re-identify Participant data on your behalf. If you require re-identification for any purpose, you must maintain that mapping yourself.
You are the data controller for all Study Data. You must execute a Data Processing Agreement with Selby Labs before processing any personal data on the Platform. You are responsible for complying with all applicable privacy and data protection laws.
You must not use the Platform to:
Without limiting Section 7.5, the Platform may not be used to Create, Receive, Maintain, or Transmit:
Where your study involves Participants under the age of 18 (or the age of digital consent in the EU/EEA Member State of the Participant's habitual residence, whichever is higher), you warrant that you have obtained: (i) ethics approval that specifically contemplates the participation of minors; (ii) valid parental or guardian consent in the form required by your ethics committee and the law of the Participant's country of residence; and (iii) where the Participant is capable of understanding the research, the Participant's own assent. You acknowledge that Selby Labs does not operate any age gate at the Platform or mobile-app level; age screening is your responsibility.
You must not use the Platform to carry out decisions that produce legal effects on Participants, or similarly significantly affect them, based solely on automated processing (including profiling) of Study Data, as contemplated by Article 22 GDPR and equivalent provisions of other applicable law. The Platform is provided as a research data-collection tool and not as a decision-making system.
Selby Labs may from time to time make beta, alpha, or experimental features available on the Platform. Examples include experimental sensor types and trial-design features such as Micro-Randomisation. Beta features are clearly labelled within the Platform and are provided on an "as is", "as available", and "use-at-own-risk" basis. No availability, reliability, fit-for-purpose, or regulatory-compliance warranty is given in respect of beta features, and they may be changed or withdrawn at any time. You are responsible for reflecting any use of beta features in your ethics approval and participant consent form.
Subscription pricing is based on the storage and compute capacity typically required by an academic sensing study. Unless a higher allowance is expressly agreed in writing as part of your Plan, each server instance is subject to the following fair-use thresholds:
These thresholds apply per server instance, are measured on the running instance, and are assessed on the database and volume as they stand at the time of measurement (that is, after compression and after any deletion you have carried out). They are generous by the standards of ordinary academic use, and the great majority of studies will never approach them.
Where a server instance exceeds either threshold, Selby Labs will notify you by email and will work with you in good faith to resolve the position, which may involve deleting data you no longer require, exporting and archiving completed study data, or moving to a Plan with a higher allowance at the applicable additional cost. Selby Labs reserves the right to suspend uploads to, or to terminate, a server instance that continues to exceed either threshold, but will not do so unless:
Nothing in this Section entitles Selby Labs to delete Study Data without the notice and export rights set out in Section 12, and nothing in this Section limits any non-excludable rights you may have under the Australian Consumer Law. This Section applies to paid subscription server instances only. The demo environment is not governed by this Section; it remains subject to Section 4, under which Selby Labs may suspend, reset, or delete the demo environment and its contents at any time and without prior notice.
Selby Labs owns all intellectual property rights in the Platform, and warrants that it has all necessary rights in the Platform to grant the licences and make the Platform available to you under these Terms. You retain all intellectual property rights in your study designs, survey questions, and Study Data. You grant Selby Labs a limited licence to store and process your Study Data solely to provide the Services. These Terms do not grant you any rights to use the StudyRun or Selby Labs name, brand, or trademarks except where incidental to using the Platform as permitted by these Terms.
Selby Labs warrants that the Platform will perform materially as described in the documentation and that reasonable security measures will be maintained. The Platform is provided on an "as is" and "as available" basis. To the extent permitted by law, Selby Labs does not warrant that the Platform will be error-free, uninterrupted, or suitable for any particular research purpose. Nothing in these Terms excludes rights you may have under the Australian Consumer Law.
StudyRun runs on a wide range of consumer smartphones but cannot be guaranteed to work on every device, operating-system version, manufacturer customisation, or regional firmware build. Some smartphone models, older or newer operating-system releases, vendor battery-optimisation settings, or carrier-imposed restrictions may be incompatible with StudyRun or may degrade the reliability of background sensor collection. You acknowledge that it is your responsibility to verify compatibility before enrolling Participants or entering into a paid subscription. Selby Labs provides the free demo environment described in Section 4 expressly for this purpose, so that you can test StudyRun on the smartphone models and operating-system versions that you intend to use during your study.
To the maximum extent permitted by law, Selby Labs accepts no responsibility, and provides no refund, credit, or compensation, in respect of:
This section does not limit any non-excludable rights you may have under the Australian Consumer Law.
To the maximum extent permitted by law, Selby Labs's total aggregate liability to you for all claims arising under these Terms is limited as follows: (a) for users on a paid subscription, the limit is the greater of the fees you paid Selby Labs in the 12 months preceding the event giving rise to the claim, or AUD 500; and (b) for users on a free trial, the limit is AUD 0. You acknowledge that the free trial is provided as a courtesy for evaluation only, and the AUD 500 floor applies exclusively to paid accounts. Selby Labs is not liable for any Losses that are indirect, consequential, or special, including loss of research data, research outcomes, or publication opportunities.
This limitation does not apply to Losses caused by Selby Labs's wilful misconduct or gross negligence, to non-excludable rights under the Australian Consumer Law, to Article 82 GDPR rights of data subjects, to obligations under the Standard Contractual Clauses in the EU DPA, or to any liability that cannot be limited as a matter of mandatory law.
You indemnify Selby Labs and each of its directors, officers, employees, agents, advisers, consultants, and contractors ("Indemnified Persons") against all Losses arising from or relating to:
If any Indemnified Person suffers or incurs any Loss as a result of your breach of these Terms or other act or omission, Selby Labs will be able to recover those Losses as if they were suffered directly by Selby Labs.
Carve-out. This indemnity does not apply to, and you are not obliged to indemnify the Indemnified Persons in respect of, Losses to the extent that they are caused by: (a) Selby Labs's own breach of its obligations under the Data Processing Agreement in any capacity in which Selby Labs acts, whether as a processor under Article 28 GDPR, as a service provider / contractor under the California Consumer Privacy Act / California Privacy Rights Act or any analogous US state law, as an APP entity under the Australian Privacy Principles, as a Business Associate under HIPAA, or as a joint controller under any joint-controller fallback clause (whether in the EU, Australian, or International DPA); (b) Selby Labs's own breach of the Privacy Act 1988 (Cth), the Health Records Act 2001 (Vic), HIPAA, or the Standard Contractual Clauses incorporated into the EU DPA; (c) Selby Labs's own wilful misconduct or gross negligence; or (d) any matter for which an indemnity by the Customer would be void or unenforceable as a matter of mandatory law.
A countdown and export reminder are shown in the Platform dashboard throughout your subscription, with prominent notice as your subscription end date approaches. At subscription end you have a 7-day export grace period during which you retain read and export access to your server instance. At the end of that 7-day period your server is terminated, the primary database is deleted, and your Study Data is purged from backups on the next rotation of the 7-day backup cycle (no later than 14 days after subscription end). Once data is deleted, deletion is permanent and cannot be reversed. Selby Labs will provide written confirmation of deletion upon request.
Archival responsibility. The Platform is not an archival service. You are responsible for exporting and retaining your own copies of Study Data, consent records, and any other materials you need to meet institutional, regulatory, ethics-committee, funder, or professional-code retention requirements (including, where applicable, the Australian Code for the Responsible Conduct of Research, NHMRC guidelines, US HIPAA retention rules, EU research-integrity codes, or any successor instruments). You must complete any such export before your subscription ends. Selby Labs is not liable for any loss arising from your failure to export before the deletion cut-off.
Selby Labs makes reasonable efforts to keep the Platform available during the term of your subscription but does not guarantee any specific level of availability or uptime. The Platform may be unavailable from time to time as a result of scheduled maintenance, emergency maintenance, third-party infrastructure outages, or other causes outside Selby Labs's reasonable control. Where planned maintenance is likely to affect your use of the Platform, Selby Labs will use reasonable endeavours to give advance notice. No refund, credit, or compensation is payable for periods of unavailability, except as required by non-excludable consumer law.
Either party may terminate these Terms for material breach by written notice to the other, if the breach is not remedied within 14 days after written notice of the breach is given. Selby Labs may additionally terminate immediately where continued provision of the Platform to you would, in Selby Labs's reasonable view, cause Selby Labs to breach applicable law, expose Selby Labs to regulatory enforcement action, or cause material reputational harm.
Either party may terminate these Terms by written notice if the other party becomes insolvent, enters into administration, liquidation, receivership, or any analogous process.
On termination for any reason, the export and deletion schedule set out in Section 12 applies. Clauses that by their nature are intended to survive termination do so. These include Sections 8 (Intellectual Property), 9 (Warranties), 10 (Limitation of Liability), 11 (Indemnification), 12 (Data on Termination), 15 (Force Majeure), 16 (External Links), and 17 (General).
Neither party is liable for any failure or delay in performing its obligations under these Terms (other than an obligation to pay money) to the extent that the failure or delay is caused by an event beyond the party's reasonable control, including fires, floods, earthquakes, pandemics, acts of terrorism or war, civil disturbance, industrial action, failure of public utilities or telecommunications, denial-of-service attacks, or acts of government. The affected party will use reasonable endeavours to mitigate the effect of the event and will resume performance as soon as practicable. If a force-majeure event continues for more than 60 days, either party may terminate these Terms by written notice.
You may include links to external websites within your study surveys. These Terms and the StudyRun Privacy Policy do not apply to those external websites. Selby Labs is not responsible for the privacy practices or content of any external websites linked within your studies. You are responsible for ensuring that any external sites you link to are appropriate for your study and compliant with your ethics approval.
These Terms are governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria. Nothing in this clause affects mandatory rights under applicable EU law for EU-based customers, or non-excludable rights under the Australian Consumer Law.
If any part of these Terms is held to be invalid, illegal, or unenforceable, that part will be severed from these Terms and the remaining provisions will continue in full force and effect.
These Terms, together with the Privacy Policy and Data Processing Agreement, constitute the entire agreement between the parties in relation to the Platform and supersede all prior agreements, representations, and understandings.
A failure or delay by Selby Labs in exercising any right or remedy does not constitute a waiver of that right or remedy.
Selby Labs may update these Terms from time to time. Material changes will be notified by email at least 30 days before taking effect. Continued use of the Platform after the effective date constitutes acceptance. The current version is always available at studyrun.org/terms.
Selby Labs Pty Ltd · ABN 50 697 107 083
Suite 329/98-100 Elizabeth Street, Melbourne VIC 3000
Email: support@studyrun.org
Website: studyrun.org