This Fair Use Policy (hereinafter “Fair Use Policy”) regulates the telecommunications services, i.e., mobile telephony and internet (hereinafter “Services”) provided by YONDER MEDIA MOBILE (hereinafter “YO MOBILE”).
Dear User, we inform you that this Fair Use Policy aims to safeguard the quality parameters of the Services we offer to our entire User base.
YO MOBILE offers different plans, packages and rates for its Services. It is important that before contracting any of them, you read this document carefully and keep in mind its terms and conditions.
What is the Fair Use Policy?
The Fair Use Policy is a regulation on the browsing and download speed, call minutes, and number of SMS messages that is applied to the Services once the limit or threshold of information transfer is reached; it helps to avoid 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 messages according to the characteristics of the contracted plan and/or package. The plans and packages have a reasonable limit on data, call minutes and SMS messages. Once you have reached the data limit specified in each plan or package, your browsing speed will be reduced, but you will still have access to the Internet. In the case of telephone and text messaging services, once the limit set in each plan or package is reached, you will not be able to make calls or send SMS messages, but you will be able to receive them.
When does the Fair Use Policy apply?
The Fair Use Policy applies once the consumption of data, call minutes, or SMS messages reaches the limit established by your contracted plan or package YO MOBILE offers the highest available speed depending on the technology installed in the coverage area and the concentration of traffic, among other factors. Once the threshold is reached, in order to avoid network oversaturation, your browsing speed may be reduced. This ensures that all Users can enjoy the Service at a stable, average speed.
For the data services, if the consumption limit is reached before the billing cut-off (in postpaid plans) or the expiration date of your recharge (prepaid plans), the browsing speed will be reduced. However, you can continue using the Service at a reduced speed, depending on network traffic and coverage.
For mobile phone services, call minutes and SMS messages, once the limit is reached, you will no longer be able to make calls or send SMS messages, but can continue receiving them.
For unlimited Services, these must be used in a proper and lawful manner according to the restrictions of the Fair Use Policy mentioned below.
Why is the Fair Use Policy applied?
The Fair Use Policy is applied to reduce the risk of affecting the quality of our Services; when total network traffic demand is high, the network 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 may use them with certain restrictions.
For data services, you may browse with the highest available bandwidth up to a quota of megabytes (MB) or gigabytes (GB) determined by the commercial offer in the registered rate of the plan and/or data package you have contracted. Once the data limit is reached, your browsing speed will be reduced.
For mobile telephone services, call minutes and SMS messages, when not used properly and lawfully in accordance with this Fair Use Policy and applicable legislation, restrictions may be applied.
Does the Fair Use Policy block my access to certain sites?
No. The Fair Use Policy only implies a reduction in the transfer or browsing speed. This graduation in the bandwidth used for browsing does not imply any restriction or limitation in access to the various applications, services, content or websites that you wish to use. You can continue browsing, using applications, downloading content and accessing websites of your choice, but at a reduced speed and restriction on certain actions or activities within the applications, services, content or websites that use more data in order to be performed may be applied ( e.g., sending, receiving and viewing photos or videos).
Why does browsing speed decrease?
Browsing speed is reduced in order to avoid network oversaturation, to ensure that all Users enjoy a stable and quality service. This decrease in speed will occur if:
- The data limit of your plan or package has been reached.
- Although your plan allows unlimited browsing, once the data quota is consumed, the speed will decrease.
When will speed be restored?
You will be able to browse normally again once your renewal date arrives and your next billing period restarts (only in postpaid mode) or when you make a recharge (in prepaid and postpaid mode).
You will receive a text message (SMS) on your phone notifying you once normal speeds are restored.
What can I do if I want to continue browsing at full speed?
You can purchase any of our additional top-up plans or packages. Once you reach the data transfer limit, the Fair Usage Policy will reapply.
How can I check 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 the mobile application and log in with the User account you used to contract your service.
You will also receive periodic notifications when you approach your data limits.
Fair Use Policy Restrictions.
Plans and packages are for personal use only and not for any commercial purpose.
In this regard, if YO MOBILE detects that any User is making abusive, improper or unreasonable use of the contracted Services, the User will be informed of this situation requesting them to correct their behavior immediately, in accordance with the Fair Use Policy and applicable laws. Failure to comply may result in the cancellation of the Services.
Users must not engage in the following behaviors under any circumstances:
- Use the Services for fraudulent, criminal or illegal purposes.
- Market, resell or exploit of the Services without prior authorization from YO MOBILE.
- Use the Services for public telephony and telephone booths.
- Establish call center services for the purpose of carrying out telephone contact campaigns and/or for the creation and sending of advertising, alerts, among others.
- Use the Services in such way that degrades and/or disrupts the network and/or the Services that YO MOBILE offers to other Users.
- Make automatic call composition, transfer or forwarding.
- Use the Services continuously as a monitor or “baby phone”.
- Use the Services as a gateway for sending “Bypass” type communications.
- Send mass messages and data transmission in general that decreases, saturates or in any other way affects the functions of any element of the network or of third parties with whom YO MOBILE, as a Service provider, has interoperability, including any type of malicious code.
- Send “Spam” type voice or text messages.
- Operate or allow third parties to operate servers of any type and/or connecting devices, hardware or software through the contracted service.
In the event of engaging in any of the above conduct, YO MOBILE reserves the right to exercise the criminal, civil and/or administrative actions that may be appropriate under the law, independently of terminating or indefinitely cancelling the Service that the User has contracted with YO MOBILE through a text message that will be sent to the User's mobile terminal device.
Unlimited Calls and SMS Messages.
YO MOBILE allows its Users to make “unlimited calls” and send “unlimited SMS messages” to mobile phones in Mexico, the United States of America and Canada, depending on the registered rate. However, if any User misuses the call minutes and/or SMS messages, YO MOBILE may, at its discretion, terminate the relationship with any of the Users that engage in such conduct, or may suspend their telephone service with immediate effect if it determines that the Services are being used in an abusive or improper manner in accordance with this Fair Use Policy and applicable law.
In addition to the conduct mentioned above, the following is an illustrative but not exhaustive list of those practices that will be considered as an abuse or improper use of the Unlimited Calls or Messages Service:
- Using calling minutes for telemarketing or call center operations.
- Reselling minutes.
- Bulk SMS messaging.
- Shared telephone service between users either through a PBX, call center, computer or any other means.
- Calls to numbers (whether singly or sequentially, randomly or automatically) to generate revenue because of making the call for yourself or others.
- Unusual calling patterns inconsistent with normal, personal use.
When deemed appropriate, YO MOBILE will notify Users who are under any of these conditions of misuse before suspending or cancelling their plan. YO MOBILE reserves the right to consider any illegal, prohibited, abusive, abnormal or unusual activity when making its determination.
Management and Reasonable Use of Unlimited Data.
The data consumption associated with any YO MOBILE plan and/or package with “unlimited data” allows the User to freely browse any app and destination with the highest available transfer speed, according to the registered rate and what is mentioned in this Fair Use Policy. However, if during the service term of the plan and/or duration of the package, the User reaches the data limit, this Fair Use Policy will apply, and the transfer speed will be reduced. This speed adjustment (throttling) does not imply any restriction to access the different applications, services, content or websites, since the User will be able to continue browsing freely but at a lower speed. The browsing speed will be restored once the renewal date arrives and the next billing period restarts (only in postpaid mode) or when a recharge is made (in prepaid mode).
Depending on the technology installed in the coverage area where the User is located and the concentration of traffic and/or the data limit determined by the plan or package, the User will be able to browse with the highest available bandwidth.
The User must ensure that the use of their data and plan/package does not restrict, inhibit, interfere with, or degrade the use of YO MOBILE’s Services by any other person, nor represent an excessive load for the network (according to YO MOBILE's sole discretion).
In addition, the User must ensure that the use of their data and plan or package does not limit or interfere with YO MOBILE's ability to provide and monitor their broadband service or any part of its network. When deemed appropriate, YO MOBILE will notify you of abuse or misuse before suspending or cancelling your plan or package and if applicable, YO MOBILE may offer you an alternative plan or package.
In the event that YO MOBILE detects abusive conduct, false documents and/or false information presented by the User to use or acquire any of the Services offered, YO MOBILE will proceed to terminate the Services without prior notice to the User.
YO MOBILE reserves the right to change this Fair Use Policy at any time. Changes will be effective when posted on the YO MOBILE website or notified to the User. If the changes are considered material, YO MOBILE will notify the User in writing (either by text message, SMS or email) at least 1 (One) month in advance, and if after receiving the notification any User does not agree with the change, they will have the right to cancel the Services without any penalty.
Terms of Use for Applications with Unlimited Data.
Certain YO MOBILE plans or packages allow unlimited data usage for specific applications. Unlimited applications will apply only when the User is within certain applications or official sites installed on their mobile device (downloading consumes data), any access to external links or from third-parties or different links to the applications or URLs of the applicable sites will be counted as additional consumption and it will be charged from the purchased balance, additional balance, plan or package.
The use of certain apps may be included at no additional cost and may be unlimited in use depending on the plan or package purchased by the User. Such use may include access, payment, notifications, messages, text, images, photos, videos, locations and shared links, all within the app. However, specific features within the app may incur in general data usage, which will be deducted from the allowance included in the plan or package. These features include, but are not limited to:
- Uploading and downloading photos, videos or any content outside of the app, for example by using apps that are not included in the unlimited apps list or accessing external links.
- Streaming or transmitting real-time video.
- Voice or video calls made through the app.
- Redirection to any external link or URL outside the app, even if shared within the app's messages or posts.
- Using certain specific services or functionalities offered by the app, which may vary depending on the nature and functionality of the app.
Once the general data limit of the contracted plan or package has been reached, the use of any of the functionalities aforementioned may not continue until the next billing cycle, recharge, plan or package renewal.
The User may access the details of the included apps through the User portal or YO MOBILE’s app.
In plans or packages with unlimited data for certain applications (depending on the registered rates of the User's plan or package), a maximum data speed limit is defined. After reaching the established data during the validity of the respective plan or package, the User may continue using the Services during the corresponding period, but with a reduced maximum browsing speed. This speed adjustment (throttling) does not imply any restriction or limitation for the User to be able to access any external application, as well as other services, content or websites that the User wishes to use; therefore, the User may continue browsing, using applications, downloading content and accessing the Internet sites of their preference, but browsing at a lower speed. The browsing speed will be restored once the next billing cycle begins (for post-paid), or if applicable, when the User recharges or acquires an additional plan or package that allows the reinstatement of the speed.
The unlimited data associated with the plans or packages are for personal use only and may only be consumed on the device in which the YO MOBILE SIM card is inserted, so this data is not subject for being shared with any other device or terminal equipment. If YO MOBILE identifies that the User has carried out any form of manipulation and shares the data associated with their plan and/or package as a “HotSpot”, it will be counted as an additional consumption and will be debited from the purchased balance, additional balance, contracted plan or package time.
Throttling and Traffic Labels.
“Throttling” refers to the practice of regulating Internet speed for specific applications and services based on the User’s plan or package. YO MOBILE offers different speeds for various applications, each marked with specific “traffic labels” depending on the User’s plan or package. Throttling and traffic labels will be subject to the terms described in this Fair Use Policy.
Limitation of Liability.
YO MOBILE is not responsible for the operation, interruptions or failures in third-party services, apps or websites. Any issues regarding these services derives from the exclusive relationship between the User and the corresponding app, services or website holder.
Trademarks and Ownership.
The trademarks, logos, and product names used on this website or within the apps belong to their respective owners.
The content of this website should not be construed as granting permission, implied, or otherwise, as a license or right to use any trademark displayed on this website. All trademarks, logos, and product names displayed on this website are used for informational purposes only, and YO MOBILE is not responsible for any use that Users may give to them.
YO MOBILE does not grant any permission or authorization for Users to use these trademarks, logos, or product names.