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TERMINOS DE USO

USAGE POLICY
 

I. GENERAL PROVISIONS

This Fair Usage Policy (hereinafter "FUP") applies to all packages marketed by Yonder Media Mobile México, S. de R.L. de C.V. under the brand YO MOBILE (hereinafter collectively referred to as YO MOBILE) through its website www.yomobile.com and/or the YO MOBILE APP.

 

The FUP is mandatory for subscribers who choose to contract and use the prepaid services of YO MOBILE, such as unlimited voice communications, SMS messaging, and data traffic (hereinafter "YO MOBILE Prepaid Services").

The subscriber is the individual who personally uses the YO MOBILE Prepaid Services.

The objective of the FUP is to prevent abusive use of the YO MOBILE Prepaid Services in order to maintain availability and quality of services for all subscribers.
 

This will ensure reasonable use of voice communications, SMS messaging, and data traffic continuously, uniformly, regularly, and efficiently, in accordance with the package contracted by each subscriber.
 

II. Permitted Activities
 

The YO MOBILE Prepaid Services may only be used for personal use in accordance with the terms and conditions of the Adhesion Contract registered with the Federal Consumer Protection Agency (hereinafter "PROFECO") on September 4, 2023, under registration number 455-2023, and with the Federal Telecommunications Institute under folio FET098772AU-518394. YO MOBILE reserves the right to suspend the subscriber's contracted plan if it is used in violation of this FUP or if any of the prohibited activities are committed.
 

III. Prohibited Activities
 

Enumeratively, but not limited to, engaging in any of the prohibited activities listed below constitutes abuse and even fraud in the use of YO MOBILE Prepaid Services under any plans marketed by YO MOBILE.

The subscriber is prohibited from:

1. Reselling, commercializing, or exploiting YO MOBILE Prepaid Services.

2. Establishing voice center services (call centers) using YO MOBILE lines, in any package modality marketed and offered by YO MOBILE, for the purpose of conducting telephone contact campaigns and/or the creation and sending of advertisements, alerts, among others involving activities related to those indicated in this section.

3. Using YO MOBILE Prepaid Service domestically as baby monitors or security cameras.

4. Using YO MOBILE Prepaid Service for communications that serve as gateways, or retransmissions, or redirections of communications, commonly known in English as "bypass" or "call back", with the purpose of generating income for the subscriber.

5. Sending mass text messages of the spam type; the use of automatic dialers, mass faxing, or any other type of mass messaging to individuals or groups of individuals who did not request it.

6. Using YO MOBILE Prepaid Services in a way that degrades performance and/or disrupts the network or degrades and/or disrupts services for other customers.

7. Using YO MOBILE Prepaid Services for fraudulent, criminal, or illegal purposes, including but not limited to excessive recharges that represent unusual consumption and/or using these recharges to make purchases in the app that appear to involve money laundering, making calls to request money deposits without any basis, or inviting participation in contests, inviting electronic recharges or surveys, etc.

8. Conducting, for commercial purposes, multi-conferences among different people with the intention of generating income for the subscriber.
 

IV. Actions Resulting from the Commission of Prohibited Activities
 

In the event that a subscriber is found to engage in any of the behaviors outlined in this FUP, YO MOBILE reserves the right to exercise, without prejudice to YO MOBILE, the administrative, civil, and/or criminal actions that correspond under the law, including actions for the compensation of damages caused to YO MOBILE. YO MOBILE may also suspend or cancel the provision of YO MOBILE Prepaid Services, in whole or in part, temporarily or permanently.
 

To ensure and prevent the use of YO MOBILE Prepaid Services in a location other than the contracting location permanently, the service will be suspended without prior notice and without prejudice to YO MOBILE, in the following situations:
 

1. When YO MOBILE Prepaid Services are used for a period equal to or more than the number of days of the plan or package purchased by the subscriber continuously outside the coverage area of YO MOBILE Prepaid Services.

2. When the average use of voice communications, SMS messages, and data traffic in a location different from where the subscriber contracted such services exceeds the average consumption over the last 3 months in the contracting location, or exceeds the minutes of voice communications or number of SMS messages according to the plan contracted by the subscriber.

3. When the subscriber's usage does not adhere to the contracted plan, YO MOBILE may verify voice communication patterns and traffic volumes to confirm if the terms of the Adhesion Contract have been breached or if one or more of the prohibited activities referred to in this FUP have been or are being committed. In such cases, or when abuse or fraud in the use of YO MOBILE Prepaid Services is determined, the services contracted by the subscriber will be immediately suspended, and the subscriber will be notified via SMS.
 

V. Packages Designated as Unlimited
 

The services offered in the "Unlimited Packages," as so named, include data traffic for content consumption in the YO MOBILE APP, data traffic for use on social networks (voice and video are not included within social networks), voice communications, and SMS messages exclusively according to the plan or package contracted by each subscriber.
 

A. Data Traffic for Content Consumption in the YO MOBILE APP and Use of Data on Social Networks
 

1. The packages include data traffic for content consumption in the YO MOBILE APP and usage of data on social networks (voice and video are not included within social networks), during the period applicable to the plan or package acquired by the subscriber.

2. The subscriber may use Data traffic at the highest available transfer speed while their package is active and up to the total consumption contracted according to the plan or package acquired by the subscriber.

3. In packages where applicable, if the subscriber has Unlimited Data, after exceeding the data volume acquired within the applicable period according to the plan or package acquired, the transfer speed will be reduced. The subscriber may continue using Data traffic at a reduced speed for the remaining service period.

4. The speed adjustment referenced does not imply any restrictions on accessing content in the YO MOBILE APP or for use on social networks, provided that the user has Unlimited Social Network services.
 

B. Voice Communications
 

1. "Unlimited Packages" of minutes for voice communications to fixed and mobile numbers in Mexico, the United States, and Canada will be valid for the natural days corresponding to the plan or package acquired by the subscriber.

2. Outgoing voice communications must comply with this FUP, therefore the subscriber may not commercialize, resell, or exploit the voice communication service.

3. In case the subscriber engages in abusive or fraudulent use of the services in violation of this FUP or the Adhesion Contract, the contracted services will be immediately suspended, and this situation will be communicated to the subscriber via SMS.

4. This blocking of outgoing voice communications does not include emergency calls, which will remain enabled.

5. YO MOBILE will verify:
a) The quantity of outgoing minutes to different dialed numbers.
b) The duration of voice communications to different numbers.
c) The quantity and duration of voice communications to the same number to identify potential bypass or call back activities.
d) Any parameters that allow identifying abusive or fraudulent use of the services acquired by the subscriber that contradicts this FUP.

6. Voice communications will be unblocked and restored at the beginning of each period of the plan or package previously acquired by the subscriber.

C. SMS Messages

1. The packages include unlimited text messages to any destination in Mexico, the United States, and Canada for a fixed duration measured in natural days according to the package or plan previously acquired by the subscriber.

2. The number of outgoing messages from each SIM will be counted to allow YO MOBILE to monitor the number of messages sent by the subscriber according to the contracted plan or package. This is to prevent abusive or fraudulent use of the services in violation of this policy or the Adhesion Contract, in which case the services will be immediately suspended with notification to the subscriber via SMS.

3. Services will only be restored once the subscriber makes the payment for the plan or package for a new period.

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