DRAFT v0.1 (2026-09-30) — for attorney review before publication (Sagacity Legal / Randi Karpinia). Bracketed items need confirmation.
Effective date: [launch date]
These Terms of Service (“Terms”) are an agreement between Automation Wizard LLC, a Massachusetts limited liability company (“Automation Wizard”, “we”, “us”), and the healthcare practice or organization that subscribes to REMS Wizard (“Customer”, “you”). By purchasing a subscription, entering a subscription key, or using the REMS Wizard browser extension (the “Software”), you agree to these Terms on behalf of yourself and your organization.
1.1 REMS Wizard is a Chrome browser extension that helps your staff transfer information from a completed treatment note in your electronic medical record (“EMR”) into the SPRAVATO® REMS Patient Monitoring Form on the REMS portal, check whether a form already exists for a visit, and produce reports of forms on file. 1.2 You remain responsible for REMS compliance. The Software prepares forms for your review; a person in your practice reviews each form and submits it on the REMS portal. Automation Wizard is not a REMS participant, is not affiliated with Janssen Pharmaceuticals, Inc., the SPRAVATO REMS program, or the REMS portal operator, and does not certify, submit, or attest to anything on your behalf. SPRAVATO® is a registered trademark of Janssen Pharmaceuticals, Inc., used here only to identify the program the Software works with. 1.3 The Software is not medical advice and does not make clinical decisions.
2.1 Subscriptions are sold per institution (one legal practice entity) and cover the number of successful REMS forms per month in the tier purchased: [$20 up to 50 forms; $40 up to 100; $50 over 100; $60 over 150] (the “Tiers”). A “successful form” is a Patient Monitoring Form the Software fills completely, as counted by the Software. 2.2 Fees are billed monthly in advance through Stripe. If usage in a month exceeds the purchased Tier, the next month’s invoice moves to the matching Tier [and the overage month is billed at that Tier]. Taxes are added where applicable. 2.3 Promotional and discount codes (including free periods) apply only as stated at redemption and may be withdrawn for new customers at any time. 2.4 Automatic renewal. Your subscription renews automatically each month and your payment method is charged the then-current Tier price until you cancel. You may cancel at any time from the billing portal link in the Software or by emailing support@automationwizard.health; cancellation takes effect at the end of the paid period and you keep access until then. We will notify you by email before any price change takes effect. 2.5 Refunds. Every new subscription starts with a free trial period stated at checkout [14 days], during which no charge is made. After the trial, fees are non-refundable, except that if the Software cannot be made to read your EMR’s treatment note after you have followed the onboarding steps and worked with our support for a reasonable period, we will refund the fees paid for the first paid month on request within 30 days of first payment. Refunds are issued to the original payment method. Nothing in this section limits rights the law gives you.
3.1 Each institution receives one subscription key. You may install the Software on any number of computers used by your staff at the sites covered by that subscription; you may not share a key with another practice. 3.2 You are responsible for everyone who uses the Software under your key and for keeping REMS portal and EMR credentials secure. The Software never asks for, stores or transmits those credentials.
4.1 The Software runs entirely in your browser. Information from your notes and the REMS portal is read and used on your computer to fill forms and produce reports and is never transmitted to Automation Wizard. See the Privacy Policy for what the Software stores locally and what (non-patient) information the subscription service receives. 4.2 No business associate relationship. The Software is designed so that Automation Wizard never creates, receives, maintains or transmits protected health information (“PHI”) on your behalf: it has no servers that receive patient data, and its only outbound connection is the subscription check, which carries a subscription key, a version number and a count of forms — never patient data. Automation Wizard is therefore not your business associate under 45 C.F.R. § 160.103, and no business associate agreement is required to use the Software. If your compliance program nevertheless requires one, Automation Wizard will sign its standard Business Associate Agreement on request, which confirms the same design commitments. [Counsel to confirm.] If you send us information voluntarily (for example a note snapshot or support email), send only test-patient data; we will delete any PHI we receive inadvertently and notify you. 4.3 Reports and exports the Software generates are your records; you are responsible for where you store and send them.
You agree not to: use the Software on any system you are not authorized to access; use it in a way that violates the REMS portal’s or your EMR’s terms of use; reverse engineer, copy, resell or sublicense the Software; attempt to defeat license checks; or use the Software to submit information you know to be inaccurate.
The Software operates on your EMR and the REMS portal, which are controlled by others and may change without notice. When they change, the Software may stop working until updated; we will use reasonable efforts to update it, and Section 2.5 applies if we cannot.
The Software, its documentation and all improvements are owned by Automation Wizard LLC and licensed, not sold. You receive a limited, non-exclusive, non-transferable license to use the Software for your practice during the subscription term. Mappings you create with the Software for your own note templates are yours to use with the Software.
THE SOFTWARE IS PROVIDED “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUTOMATION WIZARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, THAT EVERY VALUE WILL BE READ CORRECTLY, OR THAT ANY FORM WILL BE ACCEPTED BY THE REMS PROGRAM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUTOMATION WIZARD WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY REGULATORY FINE, PENALTY, LOSS OF CERTIFICATION, OR CLAIM ARISING FROM A REMS FORM THAT WAS NOT SUBMITTED, WAS SUBMITTED LATE, OR CONTAINED AN ERROR. AUTOMATION WIZARD’S TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES YOU PAID IN THE TWELVE MONTHS BEFORE THE CLAIM.
You will defend and indemnify Automation Wizard against claims arising from your use of the Software in violation of these Terms or of law, or from the accuracy of information in your records.
These Terms apply while you hold a subscription. We may suspend or terminate for non-payment or material breach; you may terminate by cancelling. Sections 4, 7–10 and 13 survive termination.
We may update the Software and these Terms. Material changes to the Terms will be announced by email or in the Software at least [30] days before they take effect; continued use after that is acceptance.
Massachusetts law governs these Terms; courts in [Middlesex County], Massachusetts have exclusive jurisdiction. If any provision is unenforceable the rest remains in effect. These Terms and the Privacy Policy are the entire agreement about the Software. Notices to us: legal@automationwizard.health [confirm mailbox]; to you: the email on your subscription.
