Fair Use Policy

This Fair Use Policy (hereinafter “Fair Use Policy“) govern the telecommunications services, namely mobile phone and internet (hereinafter “Applications“) 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 plans and packages with “unlimited” services, once the information transfer limit or threshold is reached, with the purpose of avoiding network oversaturation, 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 and/or package. Plans and packages have a reasonable cap on data, call minutes and SMS messages. That is to say, once you have reached the data cap marked in each plan and package, your browsing speed will be reduced, without ceasing to provide you with Internet access. This is to avoid network oversaturation. Thanks to this, all Users can enjoy the service with a constant average speed.

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 of data determined by the plan and/or package.

When does the Fair Use Policy apply?

If you have contracted an Internet service plan or package and the standard megabyte or gigabyte 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 with a throttled speed (depending on the amount of traffic and coverage on the network).

For cell phone services, call minutes and SMS must be used in a proper and lawful manner according to the restrictions of the Fair Use Policy mentioned below.

OXIO’s rate plans 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/.

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 and/or package that includes the use of “unlimited data”, you will 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 of the plan and/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, may be applied to the restrictions mentioned below.

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 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 the User wishes to use. Therefore, the User will be able to continue browsing, using their applications, downloading contents and accessing the Internet sites of their 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 over saturation, so that all Users can enjoy the service with a stable and quality average speed. The speed will be reduced for:

Reaching the monthly browsing quota included in your plan and/or package. Remember, this happens only if you reach said quota.

The type of plan and/or package, since although you can browse unlimited, once you use up your browsing 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 home 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 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 OXIO 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 you make improper or unreasonable use of the service you have contracted with us, we will let you know so you can correct your usage behavior, in order to comply with this Fair Use Policy, otherwise, we will have to cancel your service.

The behaviors that you 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, we reserve the right to exercise criminal, civil and/or administrative actions that according to law, independently of canceling indefinitely the service you have contracted with us, by means of a text message that we will send to your mobile terminal equipment.

Unlimited Calls and SMS messages

By virtue of this Fair Use Policy, OXIO allows its Users to make unlimited calls and send unlimited SMS messages to fixed and mobile phones in Mexico, depending on their plan. 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 its plan is being misused according to this Fair Use Policy.

In addition to the above behavior, the following is a list of, but not limited to, those practices that will be considered misuse of the unlimited calling 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, abnormal or unusual activity when making its determination.

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 what is mentioned in this Fair Use Policy. However, in the event that during the same month of plan service and/or package duration, the User reaches the GB limit for browsing and/or downloading, this Fair Use Policy will be applied, which will reduce the transfer speed (throttling). This speed adjustment does not imply any restriction to access the different applications, services, contents or websites since the User will be able to continue browsing freely. 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 and/or package, the User will be able to navigate with the highest bandwidth available.

The User must ensure that the use of their data and plan and/or package does not restrict, inhibit, interfere with or degrade the use of OXIO’s Services by any other user, nor represent an excessive load for the network (according to OXIO’s exclusive criteria).

In addition, the User must be assured that the use of its data and plan and/or package does not limit or interfere with OXIO’s ability to provide and monitor its broadband service or any part of its network. Where it deems appropriate, OXIO will provide you with notice of misuse prior to suspending or terminating your Plan and/or package and, if appropriate, may offer you an alternative plan and/or package.

In case OXIO detects falsehood in the documents and/or information submitted by the User to acquire any of the services offered by OXIO or as evidence in any of the procedures before OXIO, it will proceed to unilaterally terminate the service, without prejudice to other applicable sanctions.

OXIO reserves the right to change this Fair Use Policy at any time. Changes will be effective when they are published on OXIO’s website. If the change is important OXIO, shall notify the User in writing at least one (1) month in advance, and after receiving the notification the User shall have the right to cancel the Service without penalty if he/she does not accept the change.

Terms of Use of Social Networking Applications with Unlimited Data

Certain OXIO plans and/or packages allow unlimited data usage on social networks and are subject to this Fair Use Policy. Unlimited social networks will only apply when you are within WhatsApp, Facebook (including Facebook Messenger) and/or Twitter (hereinafter “social networks”) applications installed on your mobile device (downloading consumes data) or official websites, any access to external links or from alternate or different links to the applications or URL’s of the social networks, or activities such as, but not limited to, voice calls or video calls through any application, watching videos or Live Video Streaming or any other functionality not listed, will be counted as additional consumption and will be debited from the purchased balance, additional balance, plan or package contracted.

In your plan and/or package with unlimited social networks, a data limit amount is defined at speeds up to 4G. After reaching this amount during the term of your plan and/or package, you will be able to continue using the service during the corresponding period with a throttled speed. This speed adjustment does not imply any restriction or limitation to be able to access social network applications, as well as services, contents or websites that the User wishes to use; therefore, the User will be able to continue browsing, using their applications, downloading contents and accessing the Internet sites of their preference, but browsing at a lower speed. The browsing speed will be reestablished once the next billing cycle begins, or in its case, the User top-ups or acquires an additional plan or package that allows him/her to reestablish the speed before the end of the corresponding billing cycle.

The unlimited data associated with the plans and/or packages are only for personal use and can only be consumed in the Smartphone in which the OXIO SIM card is inserted, so they are not subject to be shared with any other Smartphone, device or terminal equipment. When it is identified that the User has made any form of manipulation and shares the data associated to its plan and/or package as a “HotSpot”, it will be counted as additional consumption and will be debited from the time of the purchased balance, additional balance, plan or contracted package.

WhatsApp®

The use of the WhatsApp® application will be at no additional cost and unlimited according to the plan and/or prepaid package contracted. The use of WhatsApp® applies to notifications, text messages, voice messages or notes, images, photos, videos, contacts, locations and links shared within the application. It does not apply to external link content, calls and video calls. Any browsing outside the WhatsApp application will be discounted from the data included in the package.

By way of example, when using any of the features listed below, the data consumption generated will be deducted from the megabytes (MB) or gigabytes (GB) included for free navigation of the plan and/or package contracted.

Uploading and downloading photos outside the WhatsApp application, for example, using applications such as Facebook, Instagram, Snapchat, etc.

The functionality to share, play, upload or download videos outside the official WhatsApp application, for example, using applications such as: Facebook, Instagram, YouTube, etc.

The redirection to any link or URL external to WhatsApp, even when this has been shared by a WhatsApp message, for example: newspaper notes, specialized magazine articles, app downloads, game downloads / usage, etc.

The service of calls or voice services through the WhatsApp application.

The transmission of video in real time “Live Video Streaming”.

The playback of the video in real time “Live Video Streaming” as a viewer.

Share your own or any contact’s location

Verifying the location of any contact, and

Any other functionality that is not listed as included.

Once the data limit of the contracted plan and/or prepaid package has been reached, the use of any of the above-mentioned functionalities cannot be used.

Facebook®

The use of the Facebook® application will be at no additional cost and unlimited according to the contracted plan and/or prepaid package. The use of Facebook applies to notifications, publications, comments, interactions, messages, texts, images, photos, videos, contacts, locations and links shared within the application, including website and Facebook Messenger. It does not apply to the use of Facebook Video, Facebook Live, calls, video calls and for content to external links. Any browsing outside the Facebook application will be deducted from the megabytes included in the package.

By way of example, when using any of the features listed below, the data consumption generated will be deducted from the data included for free navigation of the plan and/or package contracted.

Uploading and downloading photos outside the Facebook application, for example, using applications such as WhatsApp, Instagram, Snapchat, etc.

Playing videos or the functionality to share them, either from the Facebook application or using applications such as: WhatsApp, Instagram, Youtube, etc.

Redirecting to any link or URL external to Facebook; even if this has been shared by this means through a post or message from a contact or group within Facebook. Example: newspaper notes, trade magazine articles, application downloads, game downloads / usage, etc.

The call service or voice service through the Messenger application.

Video streaming “Live Video Streaming” (Facebook Live)

Playing Live Video Streaming (Facebook Live) as a viewer

Share a location, your own or any contact’s location.

Verify the location of any contact, and

Any other functionality not listed as included.

Once the data limit of the contracted plan and/or prepaid package has been reached, the use of any of the above-mentioned functionalities cannot be used.

Twitter®

The use of the Twitter® application will be at no additional cost and unlimited according to the plan and/or prepaid package contracted. The use of Twitter applies to notifications, publications, comments, interactions, messages, texts, images, photos, videos, locations and links shared within the twitter.com domain (website and application). It does not apply to content from external links. Any browsing outside of the Twitter® application or site will be deducted from the megabytes included in the package.

By way of example, when using any of the features listed below, the data consumption generated will be deducted from the data included for free navigation of the Prepaid Plan contracted.

Uploading and downloading photos outside of the official Twitter application, for example, using applications such as Facebook, Instagram, Snapchat, etc.

Video playback or sharing functionality, either from the Twitter application or using applications such as: Facebook, Instagram, Youtube, etc.

Live Video Streaming” video streaming.

Playback of the video in real time “Live Video Streaming” as a viewer.

Redirect to any external link or URL to Twitter, even when shared via a Twitter message. Example: newspaper notes, trade magazine articles, app downloads, game downloads / usage, etc., and

Any other functionality that is not listed as included.

Once the data limit of the contracted plan and/or prepaid package has been reached, the use of any of the aforementioned functionalities cannot be used.

Limit of Liability

OXIO Mobile, S.A. de C.V. is not responsible for the operation, interruptions or failures in the services provided to the User through WhatsApp®, Facebook®, Twitter® or any other social network, so its use derives from the exclusive relationship between the User and the corresponding application.

The registered trademarks WhatsApp®, Facebook®, Twitter® and any other registered trademark, product, service, sub-brand or logo used on this website are the property of their respective owners and/or any of their associates. Other trademarks, logos, product and/or company names used or referenced on this website may be protected by their respective trademarks or patents. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website. All trademarks and logos displayed on this website are used for informational purposes only and OXIO is in no way responsible for any use that users of this site may make of them since it does not grant any express permission or authorization to do so.