Fair Use Policy

This Fair Use Policy (hereinafter “Fair Use Policy“) governs the telecommunications services, namely mobile phone and internet (hereinafter “ServicesApplications“) operated by OXIO MOBILE, S.A. DE C.V. (hereinafter “OXIO“).

 

Dear User, we inform you that this Fair Use Policy has the objective of safeguarding the quality parameters of the Services that we offer to all our User base. 

 

OXIO offers different plans, packages and rates for its Services. It is important that before contracting any of them, you carefully read this document and keep in mind its terms and conditions.

 

What is the Fair Use Policy?

The Fair Use Policy is a regulation on browsing and download speed, call minutes and SMS messages quantity that is applied to the Services once the information transfer limit or threshold is reached, with the purpose of avoiding network over-saturation, so that all Users can enjoy the Service with a stable average quality and speed. This regulation does not imply any restriction on communications or access to information.

The Fair Use Policy is applicable to data, browsing speed, use of call minutes and number of SMS according to the characteristics of the contracted plan or package. Plans and packages have a reasonable cap on data, call minutes and SMS messages. That is to say, for internet services, once you have reached the data cap marked in each plan or package, your browsing speed will be reduced, without ceasing to provide you with Internet access. For phone and text messaging, once you have reached the cap marked in each plan o package, you will not be able to make calls or send SMS, but you will be able to receive them.

When does the Fair Use Policy apply?

The plans and packages include the use of data, call minutes and SMS messages, to use the Services and navigate with the highest speed available (depending on the technology installed in the coverage area where the terminal equipment is located and the concentration of traffic, the characteristics of the User’s equipment, or other external factors), with the intention that Users can enjoy the Service with a stable and quality average speed until reaching a quota determined by the plan or package. This is to avoid network over-saturation . Thanks to this, all Users can enjoy the Service with a constant average speed and quality.

If you have contracted an Internet or data service plan or package and the standard megabyte (MB) or gigabyte (GB) consumption threshold is reached before the billing cutoff (postpaid plans) or the expiration date of your top-up (prepaid plans), you will be able to continue using the Service at a throttled download speed (depending on the amount of traffic and coverage on the network).

For cell phone services, call minutes and SMS, if you reach the limit included in each plan or package before the billing cutoff (postpaid plans) or the expiration date of your top-up (prepaid plans), you will not be able to make calls or send SMS, but you will be able to receive them. 

For unlimited Services, they must be used in a proper and lawful manner according to the restrictions of the Fair Use Policy mentioned below.

Why does the Fair Use Policy apply?

The purpose of the Fair Use Policy is to reduce the risk of affecting the quality of our Services, because if the total traffic demand on the network is high, it becomes saturated and less efficient.

How does the Fair Use Policy work?

If you have a plan or package that includes the use of “unlimited Services”, you will be able to use them with certain restrictions.

For data services, you will be able to navigate with the highest bandwidth available (depending on the technology installed in the coverage area where you are and the concentration of traffic mainly), until you reach a quota of megabytes (MB) or gigabytes (GB) determined by the commercial offer in the registered rate of the plan or data package you have contracted.

For cell phone services, call minutes and SMS, if not used in a proper and lawful manner in accordance with the guidelines of this Fair Use Policy and the applicable laws and regulations, may be applied to the restrictions mentioned below.

OXIO’s rates, plans and packages subject to the Fair Use Policy and the maximum navigation speed when applicable, can be consulted in the Rate Viewer of the Public Registry of Concessions of the Federal Telecommunications Institute, at: https://tarifas.ift.org.mx/ift_visor/.

Does the Fair Use Policy block my access to certain sites?

No. The implementation of the Fair Use Policy only involves a decrease in transfer or browsing speed. This graduation in the bandwidth used to navigate does not imply any restriction or limitation in the access to the diverse applications, services, contents or Web sites that you wish to use. Therefore, you will be able to continue browsing, using their applications, downloading contents and accessing the Internet sites of your

preference, only with speed reduction and restriction to certain actions or activities within such applications, services, contents or websites that use more data to be performed, for example, sending, receiving and visualizing photos or videos.

Why does the browsing speed decrease?

The browsing speed is reduced in order to avoid network oversaturation, so that all Users can enjoy the Service with a stable and quality average speed. The speed will be reduced for:

1. Reaching the data quota included in your plan and/or package. Remember, this happens only if you reach said limit.
2. The type of plan and/or package, since although you can browse unlimited, once you use up your data quota you will start to browse at a lower speed.

When is the speed restored?

You will return to normal browsing, once your renewal date arrives and your next billing period restarts (only in postpaid mode) or when you top-up (in prepaid and postpaid mode). You will receive a text message (SMS) to your cell phone informing you of this situation. This applies to both mobile internet plans and cell phone plans.

What can I do if I want to continue browsing at full speed?

You can purchase any of our plans or packages with additional top-ups. Once you reach the transfer limit of your top-up, the Fair Use Policy will be applicable again. 

How can I know my data usage and keep track of my consumption?

To check your data usage and keep track of your consumption, access your User portal or download our mobile application and log in with the User account you used to sign up for your Service.

Fair Use Policy Restrictions

Plans and packages are applicable for personal and non-commercial use only. In that sense, if OXIO detects that any User makes abusive, improper or unreasonable use of the Service they  have contracted with OXIO, OXIO will let the User know so they can correct their usage behavior immediately, in order to comply with this Fair Use Policy and the applicable laws and regulations, otherwise, OXIO will have to cancel their Service.

The behaviors that the Users should not engage in for any reason are as follows:

• Use the Services for fraudulent, criminal or illegal purposes.
• Commercialize, transfer, resell or any form of total or partial exploitation of the Services, without prior authorization from OXIO and the Federal Telecommunications Institute. 
• Use the Services for public telephony and telephone booths.
• Establish call center services in order to carry out telephone contact campaigns and/or to carry out and send advertising, alerts, among others.
• Use the Services in such a way as to degrade and/or disrupt the network and/or the Services we offer to other Users.
• Make composition, translation or automatic call forwarding.
• Use the Services in a continuous manner as a monitor or “baby phone” type basis. 
• Make use of the Services as a gateway for sending “Bypass” type communications.
• Send mass messages and data transmission in general that diminishes, saturates or in any other way affects the functions of any element of the network or third parties with which as a Service provider we have interoperability, including any type of malicious code.
• Send “Spam” type voice or text messages.
• Operating or allowing third parties to operate servers of any kind and/or connecting devices, hardware or software that provide server functionality through the contracted Service.

 In case of incurring in any of the above behaviors, OXIO reserves the right to exercise criminal, civil and/or administrative actions that according to law, independently of terminating or canceling indefinitely the Service the User  have contracted with OXIO by means of a text message that OXIO will send to the User’s mobile terminal equipment.

Unlimited Calls and SMS messages

By virtue of this Fair Use Policy and depending on their plan or package, OXIO allows its Users to make “unlimited calls” and send “unlimited SMS messages” to mobile phones in Mexico, depending on the registered rate. However, if any User misuses call minutes and/or SMS messages, OXIO may, at its discretion, terminate the relationship with any of its Users who incur in these behaviors, or may suspend its telephony service with immediate effect if it determines that the Services are being abused or misused according to this Fair Use Policy and the applicable law.

In addition to the above mentioned behavior, the following is a list of, but not limited to, those practices that will be considered misuse or abuse of the unlimited calls or SMS Service.

• Use of call minutes for telemarketing or call center operations.
• Resale of minutes.
• Sending bulk or massive SMS messages
• Shared telephony service between users either through a PBX, call center, computer or any other means.
• Calls to numbers (either separately or sequentially, aleatory or automatically) to generate revenue as a result of making the call for either yourself or others.
• Unusual calling patterns inconsistent with normal, personal use, for example, regular calls of short duration or calls to multiple numbers in a short period of time.

 

When deemed appropriate, OXIO will send Users under any of these assumptions, the notification of misuse before suspending or canceling their plan. OXIO reserves the right to take into account any illegal, prohibited, abusive, abnormal or unusual activity when making its determination. 

Unlimited Data Management and Reasonable Use

The data consumption associated with any OXIO plan and/or package with “unlimited data”, allows the User to navigate freely in any app and destination with the highest transfer speed available, according to the registered rate and what is mentioned in this Fair Use Policy. However, in the event that during the term  of plan service or package duration, the User reaches the a quota of megabytes (MB) or gigabytes (GB) limit for browsing and/or downloading determined by the commercial offer in the registered rate of the plan or data package the User has contracted, this Fair Use Policy will be applied, which will reduce the transfer speed.

This speed adjustment (throttling) does not imply any restriction to access the different applications, services, contents or websites since the User will be able to continue browsing freely at a reduced speed. The browsing speed will be restored once the renewal date arrives and the next billing period restarts (only in postpaid mode) or at the moment a top-up is made (in prepaid mode).

Depending on the technology installed in the coverage area where the equipment is located and the concentration of traffic and/or until reaching a data quota determined by the plan.