Acceptable Use Policy
(Last modified June 1st, 2024)
This Acceptable Use Policy (the “Use Policy”) sets out the rules applicable to your use of Talksoon’s “Services”, which include (i) visiting our website at https://talksoon.com, including all subdomains, present and future (the “Website”); (ii) using our “Platform”, available on the Website, which allows you to respond to your Customers’ communications in a seamless and consistent way and that includes, without limitation, interactive voice systems and messaging and communication tools; and (iii) using our “Widget”, which allow your clients to communicate with you via SMS or phone directly from your website.
This Use Policy should be read in connection with our Terms of Service. The definitions below are important to your understanding of this Use Policy. Any capitalized terms used but not otherwise defined herein shall have the meaning set out in the Terms of Service.
“Client” refers to you and means the individual, the company or other entity accessing and using the Services.
“Customer” means a client or customer of Client or a potential client or customer of Client.
"Law(s)” means all applicable local, state, provincial, federal and international laws, rules, and regulations, or amendments thereto, including, but not limited to, the Federal Trade Commission’s Telemarketing Sales Rule, the Telephone Consumer Protection Act of 1991, the CAN-SPAM Act, Do Not Call rules and prohibitions, and Canada’s Anti-Spam Legislation (“CASL”).
The Services are owned and operated by TalkSoon Inc., a Canadian corporation with a mailing address listed below. Where the present Terms refer to “Talksoon” they may refer to TalkSoon Inc. and / or its shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these Terms shall also refer to Talksoon and / or its Representatives.
We may modify this Use Policy from time to time by posting a revised version on our Website. By using the Services, you agree to the latest version of this Use Policy. Please note that we may suspend, terminate, or take other interim action regarding your access to or use of the Services, if, in our sole judgment, we believe that you, directly or indirectly, violated this Use Policy or authorized or helped others to do so.
General Policies. The overarching goal of this Use Policy is to emphasize that use of the Services, including the sending of messages and communications, must be done in compliance with applicable Law and communications-industry guidelines and standards. To that end, all communications originating from your use of Services are subject to, and must comply with, the Terms of Service, including this Use Policy, which sets out certain rules and/or prohibitions regarding consent, prohibited content and enforcement.
Customer Consent and Other Legal Requirements.
The following requirements are absolutely necessary in order to comply with applicable Law, most notably CASL. Please review them carefully and ensure you follow them.
Consent.
Necessity of Implied Consent: Prior to communicating with a Customer, you must obtain their prior consent to do so. The Services are designed for you to respond to your Customers’ solicitation of information. Given this context, you will not be seeking your Customers’ express consent, but their implied consent. A Customer’s solicitation of information from you represents their implied consent, as further described below. There may also be implied consent in the presence of a prior relationship with a Customer.
The Two Applicable Alternatives for Implied Consent Requirements:
Contact initiated by a Customer:
If a Customer sends a message to you, you may respond in an exchange with that Customer. For example, if a Customer texts your phone number asking for your hours of operation, you can respond directly to that Customer, relaying your opening hours. In such a case, the Customer’s inbound message to you constitutes both implied consent and proof of consent. Remember that the consent is limited only to that particular conversation. Unless you obtain additional consent from a Customer, don't send messages that are outside the scope of this conversation.
Consent based on a prior relationship:
You may send a message to a Customer where you have a prior relationship, provided that the Customer provided their phone number to you, has taken some action to trigger communication with you and has not opted out or otherwise expressed a preference not to receive messages from you.
Actions from a Customer that trigger communication can include any prior communications (whether by phone, text, or email) sent by that Customer to you in the previous six (6) months, or any purchase of a product or service from you in the previous two (2) years. You must have some proof that documents that communication or purchase.
Periodic Messages and Ongoing Consent: If you intend to send messages to a Customer on an ongoing basis, you should confirm the Customer’s consent by offering them a clear reminder of how to unsubscribe from those messages using standard opt-out language (identified below). You must also respect the Customer’s preferences in terms of frequency of contact. You also need to proactively ask Customers to reconfirm their consent as set forth by applicable Law and best practices.
Scope of Consent: The consent provided by a Customer applies only to you, and only to the specific use that the Customer has consented to. Consent cannot be bought, sold, exchanged or transferred, to or from a third party.
Additional Requirements.
Identifying Yourself as the Sender: Every message you send must clearly identify you (the legal entity that obtained the implied consent from the Customer) as the sender, except in follow-up messages of an ongoing conversation. Each message (except follow-up messages of an ongoing conversation) must include a link to contact information for you, including both a physical mailing address and an email address.
Opt-Out Messages:
Customers must have the ability to revoke consent at any time by replying to your messages with a standard opt-out keyword such as: “Reply END to unsubscribe,” “STOP”, “STOPALL”, “UNSUBSCRIBE” or “QUIT”.
When a Customer opts out, you may deliver one final message to confirm that the opt-out has been processed, but any subsequent messages are not permitted. A Customer must once again provide consent (including via implied consent as described above) before you can send that Customer any additional messages.
Record of Consent: You need to keep a record of the Customer’s consent, such as in a spreadsheet identifying the Customer’s name if you have it, their phone number and the date consent was received, which will usually be the date the Customer first contacted you. This record of consent must be retained as set forth by applicable Law and best practices after a Customer opts out of receiving communications from you.
Reconfirming Consent: You need to reconfirm a Customer’s consent when either: (1) the Customer has opted out of receiving communications from you; or (2) it has been more than two (2) years since the Customer initially contacted you.
Prohibited Content. You agree that you will not use the Services, or encourage, promote, facilitate or instruct others to use the Services to send messages that contain, offer, promote, reference, or link to any information or content related to any of the following:
Promotions or Advertising: Any marketing, telemarketing, or promotional messages, as such are defined in the Laws (“Marketing”) or any other similar solicitations.
Illegal, Harmful, or Fraudulent Activities: Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or our reputation, including but not limited to offering, promoting, disseminating, or facilitating:
child pornography, child sexual abuse material, or other sexually exploitative content;
fraudulent goods, services, schemes, or promotions;
make-money-fast or “get-rich-quick” schemes (including work-from-home programs, risk investment opportunities, Ponzi and pyramid schemes);
high-risk financial services (including payday loans, short-term high-interest loans, third-party auto or mortgage loans, student loans, or cryptocurrency);
third-party lead generation services (such as companies that buy, sell, or share consumer information);
debt collection or forgiveness services (including third-party debt collection, debt consolidation, debt reduction, or credit repair programs);
illegal or regulated substances;
gambling; or
phishing or pharming.
Infringing Content: Content that infringes or misappropriates the intellectual property or proprietary rights of others.
Offensive Content: Content that is harassing, defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable.
Harmful Content: Content or other computer technology that may damage, interfere with, surreptitiously intercept or expropriate any system, program or data, or otherwise effect a security breach, including viruses, Trojan horses, worms, time bombs, or cancelbots.
Evasive Content: Content that is designed to intentionally evade filters, detection, or monitoring.
Message Abuse; Falsification of Identity or Origin. You will not send messages using spam bots or other similar systems, alter or obscure mail headers, provide false identification, or assume a sender’s identity without the sender’s explicit permission. You will also not create a false identity or attempt to mislead others as to the identity of the sender or the origin of any data or communications.
Reverse Engineering and Related Restrictions. You will not (a) modify or create a derivative work of the Services or any portion thereof; (b) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs to any Services, except to the extent expressly permitted by applicable Law and then only upon advance notice to Talksoon; (c) break or circumvent any security measures or rate limits for the Services; or (d) remove or obscure any proprietary or other notices contained in the Services, including in any reports or output obtained from the Services.
Our Monitoring and Enforcement. We reserve the right, but do not assume the obligation, to monitor content on and sent through the Services and to investigate any violation of the Terms of Service, including this Use Policy, or misuse of the Services. We may remove or disable access to any Authorized User, content, or resource that violates the Terms of Service or this Use Policy or any other agreement that we have with you for use of the Services. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We may also cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Use Policy.
Reporting Violations. If you become aware of any violation of this Use Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation.
This Acceptable Use Policy (the “Use Policy”) sets out the rules applicable to your use of Talksoon’s “Services”, which include (i) visiting our website at https://talksoon.com, including all subdomains, present and future (the “Website”); (ii) using our “Platform”, available on the Website, which allows you to respond to your Customers’ communications in a seamless and consistent way and that includes, without limitation, interactive voice systems and messaging and communication tools; and (iii) using our “Widget”, which allow your clients to communicate with you via SMS or phone directly from your website.
This Use Policy should be read in connection with our Terms of Service. The definitions below are important to your understanding of this Use Policy. Any capitalized terms used but not otherwise defined herein shall have the meaning set out in the Terms of Service.
“Client” refers to you and means the individual, the company or other entity accessing and using the Services.
“Customer” means a client or customer of Client or a potential client or customer of Client.
"Law(s)” means all applicable local, state, provincial, federal and international laws, rules, and regulations, or amendments thereto, including, but not limited to, the Federal Trade Commission’s Telemarketing Sales Rule, the Telephone Consumer Protection Act of 1991, the CAN-SPAM Act, Do Not Call rules and prohibitions, and Canada’s Anti-Spam Legislation (“CASL”).
The Services are owned and operated by TalkSoon Inc., a Canadian corporation with a mailing address listed below. Where the present Terms refer to “Talksoon” they may refer to TalkSoon Inc. and / or its shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these Terms shall also refer to Talksoon and / or its Representatives.
We may modify this Use Policy from time to time by posting a revised version on our Website. By using the Services, you agree to the latest version of this Use Policy. Please note that we may suspend, terminate, or take other interim action regarding your access to or use of the Services, if, in our sole judgment, we believe that you, directly or indirectly, violated this Use Policy or authorized or helped others to do so.
General Policies. The overarching goal of this Use Policy is to emphasize that use of the Services, including the sending of messages and communications, must be done in compliance with applicable Law and communications-industry guidelines and standards. To that end, all communications originating from your use of Services are subject to, and must comply with, the Terms of Service, including this Use Policy, which sets out certain rules and/or prohibitions regarding consent, prohibited content and enforcement.
Customer Consent and Other Legal Requirements.
The following requirements are absolutely necessary in order to comply with applicable Law, most notably CASL. Please review them carefully and ensure you follow them.
Consent.
Necessity of Implied Consent: Prior to communicating with a Customer, you must obtain their prior consent to do so. The Services are designed for you to respond to your Customers’ solicitation of information. Given this context, you will not be seeking your Customers’ express consent, but their implied consent. A Customer’s solicitation of information from you represents their implied consent, as further described below. There may also be implied consent in the presence of a prior relationship with a Customer.
The Two Applicable Alternatives for Implied Consent Requirements:
Contact initiated by a Customer:
If a Customer sends a message to you, you may respond in an exchange with that Customer. For example, if a Customer texts your phone number asking for your hours of operation, you can respond directly to that Customer, relaying your opening hours. In such a case, the Customer’s inbound message to you constitutes both implied consent and proof of consent. Remember that the consent is limited only to that particular conversation. Unless you obtain additional consent from a Customer, don't send messages that are outside the scope of this conversation.
Consent based on a prior relationship:
You may send a message to a Customer where you have a prior relationship, provided that the Customer provided their phone number to you, has taken some action to trigger communication with you and has not opted out or otherwise expressed a preference not to receive messages from you.
Actions from a Customer that trigger communication can include any prior communications (whether by phone, text, or email) sent by that Customer to you in the previous six (6) months, or any purchase of a product or service from you in the previous two (2) years. You must have some proof that documents that communication or purchase.
Periodic Messages and Ongoing Consent: If you intend to send messages to a Customer on an ongoing basis, you should confirm the Customer’s consent by offering them a clear reminder of how to unsubscribe from those messages using standard opt-out language (identified below). You must also respect the Customer’s preferences in terms of frequency of contact. You also need to proactively ask Customers to reconfirm their consent as set forth by applicable Law and best practices.
Scope of Consent: The consent provided by a Customer applies only to you, and only to the specific use that the Customer has consented to. Consent cannot be bought, sold, exchanged or transferred, to or from a third party.
Additional Requirements.
Identifying Yourself as the Sender: Every message you send must clearly identify you (the legal entity that obtained the implied consent from the Customer) as the sender, except in follow-up messages of an ongoing conversation. Each message (except follow-up messages of an ongoing conversation) must include a link to contact information for you, including both a physical mailing address and an email address.
Opt-Out Messages:
Customers must have the ability to revoke consent at any time by replying to your messages with a standard opt-out keyword such as: “Reply END to unsubscribe,” “STOP”, “STOPALL”, “UNSUBSCRIBE” or “QUIT”.
When a Customer opts out, you may deliver one final message to confirm that the opt-out has been processed, but any subsequent messages are not permitted. A Customer must once again provide consent (including via implied consent as described above) before you can send that Customer any additional messages.
Record of Consent: You need to keep a record of the Customer’s consent, such as in a spreadsheet identifying the Customer’s name if you have it, their phone number and the date consent was received, which will usually be the date the Customer first contacted you. This record of consent must be retained as set forth by applicable Law and best practices after a Customer opts out of receiving communications from you.
Reconfirming Consent: You need to reconfirm a Customer’s consent when either: (1) the Customer has opted out of receiving communications from you; or (2) it has been more than two (2) years since the Customer initially contacted you.
This Acceptable Use Policy (the “Use Policy”) sets out the rules applicable to your use of Talksoon’s “Services”, which include (i) visiting our website at https://talksoon.com, including all subdomains, present and future (the “Website”); (ii) using our “Platform”, available on the Website, which allows you to respond to your Customers’ communications in a seamless and consistent way and that includes, without limitation, interactive voice systems and messaging and communication tools; and (iii) using our “Widget”, which allow your clients to communicate with you via SMS or phone directly from your website.
This Use Policy should be read in connection with our Terms of Service. The definitions below are important to your understanding of this Use Policy. Any capitalized terms used but not otherwise defined herein shall have the meaning set out in the Terms of Service.
“Client” refers to you and means the individual, the company or other entity accessing and using the Services.
“Customer” means a client or customer of Client or a potential client or customer of Client.
"Law(s)” means all applicable local, state, provincial, federal and international laws, rules, and regulations, or amendments thereto, including, but not limited to, the Federal Trade Commission’s Telemarketing Sales Rule, the Telephone Consumer Protection Act of 1991, the CAN-SPAM Act, Do Not Call rules and prohibitions, and Canada’s Anti-Spam Legislation (“CASL”).
The Services are owned and operated by TalkSoon Inc., a Canadian corporation with a mailing address listed below. Where the present Terms refer to “Talksoon” they may refer to TalkSoon Inc. and / or its shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these Terms shall also refer to Talksoon and / or its Representatives.
We may modify this Use Policy from time to time by posting a revised version on our Website. By using the Services, you agree to the latest version of this Use Policy. Please note that we may suspend, terminate, or take other interim action regarding your access to or use of the Services, if, in our sole judgment, we believe that you, directly or indirectly, violated this Use Policy or authorized or helped others to do so.
General Policies. The overarching goal of this Use Policy is to emphasize that use of the Services, including the sending of messages and communications, must be done in compliance with applicable Law and communications-industry guidelines and standards. To that end, all communications originating from your use of Services are subject to, and must comply with, the Terms of Service, including this Use Policy, which sets out certain rules and/or prohibitions regarding consent, prohibited content and enforcement.
Customer Consent and Other Legal Requirements.
The following requirements are absolutely necessary in order to comply with applicable Law, most notably CASL. Please review them carefully and ensure you follow them.
Consent.
Necessity of Implied Consent: Prior to communicating with a Customer, you must obtain their prior consent to do so. The Services are designed for you to respond to your Customers’ solicitation of information. Given this context, you will not be seeking your Customers’ express consent, but their implied consent. A Customer’s solicitation of information from you represents their implied consent, as further described below. There may also be implied consent in the presence of a prior relationship with a Customer.
The Two Applicable Alternatives for Implied Consent Requirements:
Contact initiated by a Customer:
If a Customer sends a message to you, you may respond in an exchange with that Customer. For example, if a Customer texts your phone number asking for your hours of operation, you can respond directly to that Customer, relaying your opening hours. In such a case, the Customer’s inbound message to you constitutes both implied consent and proof of consent. Remember that the consent is limited only to that particular conversation. Unless you obtain additional consent from a Customer, don't send messages that are outside the scope of this conversation.
Consent based on a prior relationship:
You may send a message to a Customer where you have a prior relationship, provided that the Customer provided their phone number to you, has taken some action to trigger communication with you and has not opted out or otherwise expressed a preference not to receive messages from you.
Actions from a Customer that trigger communication can include any prior communications (whether by phone, text, or email) sent by that Customer to you in the previous six (6) months, or any purchase of a product or service from you in the previous two (2) years. You must have some proof that documents that communication or purchase.
Periodic Messages and Ongoing Consent: If you intend to send messages to a Customer on an ongoing basis, you should confirm the Customer’s consent by offering them a clear reminder of how to unsubscribe from those messages using standard opt-out language (identified below). You must also respect the Customer’s preferences in terms of frequency of contact. You also need to proactively ask Customers to reconfirm their consent as set forth by applicable Law and best practices.
Scope of Consent: The consent provided by a Customer applies only to you, and only to the specific use that the Customer has consented to. Consent cannot be bought, sold, exchanged or transferred, to or from a third party.
Additional Requirements.
Identifying Yourself as the Sender: Every message you send must clearly identify you (the legal entity that obtained the implied consent from the Customer) as the sender, except in follow-up messages of an ongoing conversation. Each message (except follow-up messages of an ongoing conversation) must include a link to contact information for you, including both a physical mailing address and an email address.
Opt-Out Messages:
Customers must have the ability to revoke consent at any time by replying to your messages with a standard opt-out keyword such as: “Reply END to unsubscribe,” “STOP”, “STOPALL”, “UNSUBSCRIBE” or “QUIT”.
When a Customer opts out, you may deliver one final message to confirm that the opt-out has been processed, but any subsequent messages are not permitted. A Customer must once again provide consent (including via implied consent as described above) before you can send that Customer any additional messages.
Record of Consent: You need to keep a record of the Customer’s consent, such as in a spreadsheet identifying the Customer’s name if you have it, their phone number and the date consent was received, which will usually be the date the Customer first contacted you. This record of consent must be retained as set forth by applicable Law and best practices after a Customer opts out of receiving communications from you.
Reconfirming Consent: You need to reconfirm a Customer’s consent when either: (1) the Customer has opted out of receiving communications from you; or (2) it has been more than two (2) years since the Customer initially contacted you.
This Acceptable Use Policy (the “Use Policy”) sets out the rules applicable to your use of Talksoon’s “Services”, which include (i) visiting our website at https://talksoon.com, including all subdomains, present and future (the “Website”); (ii) using our “Platform”, available on the Website, which allows you to respond to your Customers’ communications in a seamless and consistent way and that includes, without limitation, interactive voice systems and messaging and communication tools; and (iii) using our “Widget”, which allow your clients to communicate with you via SMS or phone directly from your website.
This Use Policy should be read in connection with our Terms of Service. The definitions below are important to your understanding of this Use Policy. Any capitalized terms used but not otherwise defined herein shall have the meaning set out in the Terms of Service.
“Client” refers to you and means the individual, the company or other entity accessing and using the Services.
“Customer” means a client or customer of Client or a potential client or customer of Client.
"Law(s)” means all applicable local, state, provincial, federal and international laws, rules, and regulations, or amendments thereto, including, but not limited to, the Federal Trade Commission’s Telemarketing Sales Rule, the Telephone Consumer Protection Act of 1991, the CAN-SPAM Act, Do Not Call rules and prohibitions, and Canada’s Anti-Spam Legislation (“CASL”).
The Services are owned and operated by TalkSoon Inc., a Canadian corporation with a mailing address listed below. Where the present Terms refer to “Talksoon” they may refer to TalkSoon Inc. and / or its shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these Terms shall also refer to Talksoon and / or its Representatives.
We may modify this Use Policy from time to time by posting a revised version on our Website. By using the Services, you agree to the latest version of this Use Policy. Please note that we may suspend, terminate, or take other interim action regarding your access to or use of the Services, if, in our sole judgment, we believe that you, directly or indirectly, violated this Use Policy or authorized or helped others to do so.
General Policies. The overarching goal of this Use Policy is to emphasize that use of the Services, including the sending of messages and communications, must be done in compliance with applicable Law and communications-industry guidelines and standards. To that end, all communications originating from your use of Services are subject to, and must comply with, the Terms of Service, including this Use Policy, which sets out certain rules and/or prohibitions regarding consent, prohibited content and enforcement.
Customer Consent and Other Legal Requirements.
The following requirements are absolutely necessary in order to comply with applicable Law, most notably CASL. Please review them carefully and ensure you follow them.
Consent.
Necessity of Implied Consent: Prior to communicating with a Customer, you must obtain their prior consent to do so. The Services are designed for you to respond to your Customers’ solicitation of information. Given this context, you will not be seeking your Customers’ express consent, but their implied consent. A Customer’s solicitation of information from you represents their implied consent, as further described below. There may also be implied consent in the presence of a prior relationship with a Customer.
The Two Applicable Alternatives for Implied Consent Requirements:
Contact initiated by a Customer:
If a Customer sends a message to you, you may respond in an exchange with that Customer. For example, if a Customer texts your phone number asking for your hours of operation, you can respond directly to that Customer, relaying your opening hours. In such a case, the Customer’s inbound message to you constitutes both implied consent and proof of consent. Remember that the consent is limited only to that particular conversation. Unless you obtain additional consent from a Customer, don't send messages that are outside the scope of this conversation.
Consent based on a prior relationship:
You may send a message to a Customer where you have a prior relationship, provided that the Customer provided their phone number to you, has taken some action to trigger communication with you and has not opted out or otherwise expressed a preference not to receive messages from you.
Actions from a Customer that trigger communication can include any prior communications (whether by phone, text, or email) sent by that Customer to you in the previous six (6) months, or any purchase of a product or service from you in the previous two (2) years. You must have some proof that documents that communication or purchase.
Periodic Messages and Ongoing Consent: If you intend to send messages to a Customer on an ongoing basis, you should confirm the Customer’s consent by offering them a clear reminder of how to unsubscribe from those messages using standard opt-out language (identified below). You must also respect the Customer’s preferences in terms of frequency of contact. You also need to proactively ask Customers to reconfirm their consent as set forth by applicable Law and best practices.
Scope of Consent: The consent provided by a Customer applies only to you, and only to the specific use that the Customer has consented to. Consent cannot be bought, sold, exchanged or transferred, to or from a third party.
Additional Requirements.
Identifying Yourself as the Sender: Every message you send must clearly identify you (the legal entity that obtained the implied consent from the Customer) as the sender, except in follow-up messages of an ongoing conversation. Each message (except follow-up messages of an ongoing conversation) must include a link to contact information for you, including both a physical mailing address and an email address.
Opt-Out Messages:
Customers must have the ability to revoke consent at any time by replying to your messages with a standard opt-out keyword such as: “Reply END to unsubscribe,” “STOP”, “STOPALL”, “UNSUBSCRIBE” or “QUIT”.
When a Customer opts out, you may deliver one final message to confirm that the opt-out has been processed, but any subsequent messages are not permitted. A Customer must once again provide consent (including via implied consent as described above) before you can send that Customer any additional messages.
Record of Consent: You need to keep a record of the Customer’s consent, such as in a spreadsheet identifying the Customer’s name if you have it, their phone number and the date consent was received, which will usually be the date the Customer first contacted you. This record of consent must be retained as set forth by applicable Law and best practices after a Customer opts out of receiving communications from you.
Reconfirming Consent: You need to reconfirm a Customer’s consent when either: (1) the Customer has opted out of receiving communications from you; or (2) it has been more than two (2) years since the Customer initially contacted you.