Terms and Conditions

Commence Terms & Conditions for SMS Services 

Last updated: 1/12/2026 

These Terms & Conditions (“Terms”) govern your use of the SMS/text messaging services (“SMS Services”) provided by Livanta LLC, Advanta Government Services, LLC, and DOMA Technologies LLC DBA Commence (collectively “Commence,” “we,” “us,” or “our”). By opting in to or using our SMS Services, you agree to these Terms, Commence’s Privacy Policy, and any additional terms presented at the point of enrollment.

 

1. Program Description

Commence’s SMS Services may be used to 

• Provide service related notifications and transactional messages; 

• Send reminders, alerts, and status updates in connection with programs or services provided by or on behalf of Commence and its customers; and 

• Provide other messages as described in the materials for a particular SMS program. 

The specific content and frequency of messages may vary by program and may be described in the Opt-in flow and any program specific documentation.

 

2. Consent and Opt In

By enrolling in an SMS program (for example, by texting a keyword to a Commence number, submitting a web form with your mobile number and checking an appropriate consent box, or providing your number in another documented manner), you 

• Represent that you are the authorized user of the mobile number you provide or that you have the consent of the authorized user; and 

• Provide your express consent to receive SMS messages from Commence (and/or its service providers acting on its behalf) at that number. 

Where feasible, Commence will obtain your authorization for the collection, use, and maintenance of your personal information, consistent with Commence’s Privacy Policy, and with applicable laws such as Health Insurance Portability and Accountability Act (HIPAA), Health Information Technology for Economic and Clinical Health Act (HITECH), and the Privacy Act of 1974, as appropriate to the data and services involved. 

 

3. Limitations and Risks of SMS Communications

Short Message Service (“SMS”) communications are inherently insecure and may be intercepted, misdirected, delayed, or accessed by unauthorized third parties. By using SMS to communicate with Commence, you acknowledge and agree that you do so at your own risk. You assume all risk associated with transmitting any information via SMS, including protected health information (“PHI”) or sensitive personally identifiable information (“PII”). Commence strongly recommends that you do not transmit PHI or sensitive PII to us via SMS. Commence shall have no responsibility or liability for any loss, disclosure, or misuse of information transmitted through SMS at your request or direction.  

 

4. Message Frequency

Unless otherwise stated in the enrollment materials for a particular SMS program, message frequency may vary based on your interactions with us. Some programs may specify a maximum number of messages per day, week, or month. Others may send messages on an as needed basis (e.g., incident alerts or onetime verification codes). 

Any such frequency expectations will be disclosed at the point of opt-in where required. 

 

5. Costs and Charges

Commence does not charge a separate fee for its SMS Services. However, 

• Standard message and data rates may apply to each SMS message sent or received, as determined by your mobile carrier and your plan. 
• You are solely responsible for any such charges. If you are unsure about your plan’s SMS or data rates, please contact your mobile carrier.     

 

6. How to Opt Out 

You may opt out of a Commence SMS program at any time by 

• Replying STOP to any message you receive from that program or 

• Following any alternate optout instruction provided in the message or program documentation. 

After you send STOP, we may send a one-time confirmation message to verify that you have been unsubscribed. You will no longer receive SMS messages from that specific program. You may still receive communications via other channels or other SMS programs that you have separately consented to, as permitted by law and applicable contracts. 

 

7. Help and Contact Information

If you need help with the SMS Services or have privacy related complaints, concerns, or questions 

• Reply HELP to any message you receive from us or 
• Contact us at 
  • Email: commencehelpdesk@commence.ai 
  • Phone: 1-833-971-1990 

We will acknowledge and respond to privacy related complaints, concerns, or questions in a timely manner, consistent with our Privacy Policy.

 

8. Data Retention

Commence retains data associated with SMS Services for as long as necessary to 

• Provide and support the SMS program in which you are enrolled; 
• Comply with contractual, legal, and regulatory requirements; 
• Support security, auditing, incident response, and risk management activities; and 
• Meet organizational mission and business needs. 

When data is no longer required, it will be disposed of using secure methods. 

 

9. Eligibility, Responsibilities, and Security of Your Device

To use the SMS Services, you must 

• Be at least the age of majority in your jurisdiction or otherwise authorized under applicable law and contract; and 

• Be the account holder or authorized user of the mobile number that you provide. 

You are responsible for 

• Keeping your contact information up to date and promptly notifying us if your mobile number changes, is reassigned, or is deactivated; and 

• Implementing reasonable safeguards on your device (e.g., passcodes and device encryption) to protect any messages that may contain sensitive information. 

If you believe your device has been compromised, lost, or stolen, you should take appropriate steps, including contacting your carrier, updating credentials, and notifying Commence if you believe that messages may involve your PHI or PII. 

 

10. No Warranties; Limitation of Liability

To the maximum extent permitted by law 

• The SMS Services are provided “as is” and “as available,” without warranty of any kind, whether express or implied. 

• Commence is not responsible for any delays, failures, or misdelivery of any SMS messages, including those caused by your mobile carrier, network issues, or device configuration. 

• Carriers are not liable for delayed or undelivered messages. 

Nothing in these Terms limits any obligations Commence has under applicable laws, regulations, or its contractual commitments related to the protection of information.

 

11. Carrier Disclaimers

Participation in the SMS Services is subject to the terms and conditions of your mobile carrier. The following provisions apply to all programs: 

• Carriers are not liable for delayed or undelivered messages, 

• Delivery is subject to effective transmission by your mobile carrier and is outside the control of Commence, and 

• Compatible handsets and network access are required.

 

12. Changes to These Terms

Commence may update these Terms periodically to reflect changes in services; legal or regulatory requirements; or its Information Security and Privacy Program. Updated versions will be posted on this page with a revised “Last updated” date. 

Material changes that affect how we use or disclose your personal information in connection with SMS Services will be communicated as required by applicable law or contractual obligations. 

Continued use of the SMS Services after such changes become effective constitutes your acceptance of the updated Terms. 

 

13. Severability

If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms shall continue in full force and effect. 

 

14. Governing Law.

The Terms shall be governed by the laws of the state of Virginia, without reference to conflict of laws principles.

 

15. Agreement to Arbitrate and Class Action Waiver:

You agree that any and all disputes, claims, or controversies arising out of or relating to there Terms or the relationship between you and Commence, whether based in contract, tort, statute (including the Telephone Consumer Protection Act and similar federal and state laws and regulations), fraud, misrepresentation or any other legal theory, shall be submitted to The American Arbitration Association (“AAA”) or its successor, for confidential, final, and binding arbitration to be resolved by a single arbitrator. You further agree that the arbitration will take place on an individual basis and that by entering this Arbitration Agreement, you and Commence agree to waive any right to a trial by jury and waive any right to participate in any class action For avoidance of doubt, you agree to give up the ability to bring a lawsuit in court, and you are giving up the ability to bring or participate in a class action in any form or forum, even if your dispute is determined not to be subject to arbitration. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Arbitration shall take place in Virginia Beach, VA, or, if agreed to by the Parties, remotely via teleconference or virtual teleconference.