11/1/2023
Thank you for requesting our funds transfer Service powered by Zelle.
We have partnered with the Zelle® Network ("Zelle") to enable a convenient way to transfer money between you and others who are enrolled directly with Zelle or enrolled with another financial institution that partners with Zelle (each, a "User") using aliases, such as email addresses or mobile phone numbers (the "Service"). We will refer to financial institutions that have partnered with Zelle as "Network Banks."
Zelle provides no deposit account or other financial services. Zelle neither transfers nor moves money. You may not establish a financial account with Zelle of any kind. All money will be transmitted by a Network Bank.
THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.
This Agreement contains the terms for the Service. You agree to the terms of this Agreement when you enroll and each time you use the Service. Not all Accounts are eligible for the Service.
The meanings of the terms you see in italics appear in the Glossary Section at the end of this Agreement. To make the Agreement easier to understand, we also use the following personal pronouns and references to "Zelle", "Zelle Network" and "Network":
"You" and "your" means the person or persons that use(s) the Service and any joint or other authorized Account holder or authorized party on the Account and their successors and assignees.
"We," "us," and "our" means Capital One, N.A. and its agents, processors, affiliates, representatives, successors, and assignees.
"Zelle," "Zelle Network," and "Network" means the network run by Early Warning Services, LLC that connects participating financial institutions ("Network Banks") so that Network Banks can move money between Network Bank customers and others (collectively referred to as "Users") quickly and efficiently.
In order to send or receive Money Transfers using the Service, you must have an eligible Capital One consumer checking Account in good standing, have accepted our Electronic Delivery Disclosure Notice for your Account, registered for the Service via the Capital One Mobile app, and completed other enrollment procedures that we require.
When you register to use the Service or when you permit others to whom you have delegated to act on your behalf to use or access the Service, you agree to the terms and conditions of this Agreement. You represent that you are at least 18 years of age and you have the authority to authorize debits and credits to the registered bank account. You agree that you will not use the Service to request, send or receive money from anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law.
Registration for the Zelle feature on the MONEY Teen Checking account is available for Young Adults 13 and older within the mobile experience, and only upon consent of the Adult. While the Young Adult is a minor under 18, the Adult is responsible for any transactions the Young Adult conducts using Zelle. Once permission to use Zelle has been granted by the Adult, the Young Adult (once registered) can send money using Zelle without the Adult’s consent to each individual transaction. If the Zelle service is revoked by the Adult, the Young Adult will be unenrolled from Zelle, and any pending transfers will be canceled. See Terms and Conditions for your MONEY Teen Checking account for additional details.
The Service is intended for personal, not business or commercial use. You agree that you will not use the Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your registration if we believe that you are registering to use the Service with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service for business or commercial purposes, or for any unlawful purpose.
All Users of Money Transfers using the Service must register with Zelle through a Network Bank or directly with Zelle. Until they are registered, you will not be able to send them money, or receive money from them, using the Service.
You must provide us with an active email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) or a permanent, active Mobile Device telephone number that you intend to use for an extended period (i.e., no "burner" numbers) which is associated with a U.S. Mobile Network. We may require a mobile phone number in order for us to provide you with a one-time password. You may not enroll in the Service with a landline phone number, international number, Google Voice number, or Voice Over Internet Protocol ("VoIP") number.
The number of email addresses and mobile numbers that can be associated with one user is limited and we reserve the right to change the maximum number at anytime without any prior notice to you. We further reserve the right to deactivate any email address or mobile number at our discretion for any reason, including, but not limited to inactivity, or duplication. Once registered, you may authorize a debit of your Account to send money to another User at your initiation; and receive money from another User at that User’s initiation.
We or Zelle may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using the Service, you authorize your wireless carrier to use or disclose information about you and your wireless device, if available, to Capital One or its service provider for the duration of your business relationship, solely to help identify you or your wireless device and to help prevent fraud. See Zelle’s Privacy Policy for how it treats your data. For more information about our privacy and security practices and a link to our U.S. Consumer Privacy Notice go to our Web site at https://www.capitalone.com.
Once you have registered for the Service, you can send a one-time Money Transfer to another registered person using your Mobile Device or our online banking service platform by entering the registered e-mail address or registered mobile telephone number of that other person. In addition, Money Transfers sent to your e-mail address or Mobile Device telephone number will be deposited into the Account that you designate when you register for the Service.
You understand and agree that we can share information about you with Zelle and any other financial institutions involved with your Money Transfers for purposes of processing your Money Transfers using the Service and resolving any errors, disputes or other processing issues. Information we can share includes the information you provide in our Application, your e-mail address and Mobile Device telephone number, as well as other information you provide to us about the Service from time to time including updated information.
You also understand and agree that we will share information about you with third parties in connection with the Service including to help complete transactions that you request. For example, when you attempt to send money to a person who is not registered with Zelle, we or Zelle will attempt to contact them with the contact information you have provided us, and inform them that you are trying to send them money using the Service. We will also inform them that to receive the money from you, they must register with us, with another Network Bank or directly with Zelle. When we do this, we will communicate information about you with the third-party recipient including that you have an Account with us.
When you register for the Service and each time you use it, you are representing to us that you are an owner of the Mobile Device telephone number or e-mail address you are using to send or receive Money Transfers. You will not allow third parties to use the Service on your behalf or use your e-mail address or Mobile Device telephone number information you designated when you registered for the Service.
You agree that we can in our sole and absolute discretion at any time and without liability to you: (1) decline to make any Money Transfer that you request; and (2) require additional security and verification steps that we specify to you for us to confirm the validity of certain Money Transfers being requested using the Service.
Once you are registered, you can make one-time Money Transfers at any time through the Service by entering the recipient’s e-mail address or Mobile Device telephone number. However, you cannot make recurring or future dated Money Transfers. Any Money Transfer you request can only be completed if there are available funds in your Account. You understand that use of this Service by you shall at all times be subject to (i) this Agreement, and (ii) your express authorization at the time of the transaction for us or another Network Bank to initiate a debit entry to your bank account. You understand that once the payment is sent to another User, you will have no ability to cancel the payment. An unregistered recipient must register within 14 days of your request of a Money Transfer to or from such registered recipient and set up the same e-mail address or mobile telephone number that you entered for us to send them money. If the recipient does not register, set up the same e-mail address or mobile telephone number and accept the Money Transfer within 14 days, the transaction will be cancelled and the funds returned to your Account.
During the 14-day period, your funds will be debited from your Account for the amount of the Money Transfer and held pending completion of the transfer by the recipient. Once the recipient has registered, future initiated Money Transfers will be eligible to be deposited in the recipient's account as authorized through the Zelle Network.
In addition, some financial institutions require their registered customers receiving Money Transfers to affirmatively accept each Money Transfer within 14 days before depositing it into their account. During the 14-day period, your funds will be debited from your Account for the amount of the Money Transfer and held pending affirmative consent of the transfer by the recipient. If the recipient does not affirmatively accept the Money Transfer within 14 days as required by their financial institution or affirmatively declines the Money Transfer, the transaction will be cancelled and the funds returned to your Account.
When you are sending money, we will inform you whether the transfer will occur in minutes ("Expedited") or 1-3 days ("Standard"); however, there are circumstances when the payment may take longer. For example, to protect you, us, Zelle and the other Network Banks, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not registered as a User with either Zelle or a Network Bank, the transfer may take up to two (2) days from the day the intended recipient responds to the payment notification by registering as a User. The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e. email, push notification). We have no control over the actions of other Users, other Network Banks or other financial institutions that could delay or prevent your money from being delivered to the intended User.
All Money Transfers to you shall be performed by a Network Bank per the direction of that User and at all times subject to the terms and conditions of the relevant service agreement between a Network Bank or Zelle and their customers, including without limitation any restrictions or prohibitions on permissible transactions. You may be able to receive Money Transfers from non-Network Bank Users ("Out of Network Users") who authorize us, via instructions to Zelle, to pull funds from the Out of Network User’s account in accordance with Zelle’s terms and conditions.
Once a User initiates a Money Transfer to your email address or Mobile Device telephone number registered with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to initiate credit entries to the bank account you have registered.
The timing of Money Transfers to you from another User may be either Expedited or Standard. If a User initiates an Expedited Money Transfer, we will generally make funds available to you in minutes. There may be other circumstances when the payment may take longer. For example, to protect you, us, Zelle and the other Network Banks , we may need or Zelle may need additional time to verify your identity or the identity of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If a payment is sent to you in Standard time, the funds will post to your account after the funds are received, and we will notify you in accordance with your User preferences (i.e. email, push notification). We are not responsible for any costs or damages, whether direct or incidental, related to any delays in Money Transfers.
If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this Agreement and the procedures of the business or government agency that is sending you the payment.
You may request Money Transfers from another User. You understand and acknowledge that Users to whom you send Money Transfer requests may reject or ignore your request. Neither we nor Zelle guarantee that your request will always be sent to other Users or that you will receive money from other Users by sending a payment request. If a User ignores your request, we may decide or Zelle may decide, in our sole discretion, that we will not send a reminder or repeat request to that User.
By using the Service, you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order.
You agree to receive Money Transfer requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for Money Transfers are solely between the sender and recipient and are not reviewed or verified by us or by Zelle. Neither we nor Zelle assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money.
We reserve the right, but assume no obligation, to terminate your ability to send requests for Money Transfers in general, or to specific recipients, in any instance, including if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.
The Service is subject to limits on the amount and frequency of Money Transfers to and from each Account. These limits are designed to be flexible in order to protect the security and integrity of the Service and accounts, including protecting you and all other participants of the Service. These limitations may be based on confidential fraud and risk criteria that are essential to our management of risk and the protection of you and the integrity of the Service, and may be modified at our sole discretion without advance notice.
If the recipient is also registered with us for our Service, Money Transfers will be immediately debited from your Account and reflected in the recipient's Account within the time frames indicated in our Availability Schedule.
We are not responsible for any failure of another financial institution or Network Bank to timely credit the recipient’s or User’s account or for other delays in a recipient’s receipt of a Money Transfer.
All credits to your Account will be provisional until the credit has been finally settled by us or the financial institution which holds the sender’s account. We will deposit these funds from a settled Money Transfer into your Account within the time frames indicated in our Availability Schedule.
There is no separate fee for sending or receiving a Money Transfer. However, all required hardware and software will be at your expense. Also, message and data rates could apply from your mobile service provider. Please check your mobile service agreement for details.
We offer other services for transferring funds to third parties. Please see our Website for details.
You agree that all Money Transfers will be completed using only the recipient’s e-mail address or Mobile Device telephone number that you enter even if it identifies a person different from your intended recipient. While information you might enter in the memo field or elsewhere may be monitored for Network security purposes, it will not be screened by us for accuracy or otherwise used by us to process Money Transfers.
Please make sure you accurately enter your recipient's e-mail address or Mobile Device telephone number since Money Transfers can’t be cancelled once submitted, and you will still be responsible for it if you enter the wrong information.
The terms of this Agreement are in addition to other agreements, terms, conditions, disclosures, software, and fee schedules you have from us related to your Account including those for our mobile banking and online banking services. If there is a disagreement between the terms in this Agreement and those in other agreements related to the Service, this Agreement will control.
In addition to the Agreement, Money Transfers to accounts outside of us including the sending of data related to these transfer instructions and settlement of the funds will be governed by: (1) the rules governing the Zelle Network and its participants; and (2) the rules of the National Automated Clearing House Association ("NACHA") and any applicable regional automated clearing house. You and we will be bound by these rules that are in effect from time to time.
We will send information regarding your Money Transfers and other matters related to the Service at the primary e-mail address we have on file for your Account.
You agree and that we can also communicate with you and send notices regarding the Service and this Agreement - including notices about Money Transfers or changes to this Agreement or the Service - in any way the law allows. You consent to the receipt of emails or text messages from us, from Zelle, from other Users that are sending you money or requesting money from you, and from other Network Banks or their agents regarding the Services or related transfers between Network Banks and you. You agree that we may, Zelle may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you register. This includes communications by automated (autodialed) calls and text messages to your Mobile Device(even if you have set up a "quiet time" or other suspension of notifications from us on your Mobile Device), other e-mail addresses, regular mail, through the Application or Website postings.
We may send you notices and information about the Service or this Agreement electronically as described in our Electronic Delivery Disclosure Notice and online banking service for your Account. You agree that you are able to receive, read, store and print information that we send to you electronically as described.
By participating as a User, you represent that you are the owner of the email address, Mobile Device number, and/or other alias you registered, or that you have the delegated legal authority to act on behalf of the owner of such email address, Mobile Device phone number and/or other alias to send or receive money as described in this Agreement. You further acknowledge and agree:
We can chargeback your Account or any other deposit account you have with us for the amount of a Money Transfer that is: (1) returned to us; or (2) is rejected by us for any reason. This is true even if you have made withdrawals against it. We can also charge fees connected to the chargeback as described in your fee schedule and other agreements with us.
Your rights and obligations in the event of an error in connection with the Service are described in the Electronic Fund Transfer Disclosure Statement Section of the rules for your Account.
Except as otherwise provided herein, and subject to applicable law, neither we nor zelle make express or implied warranties, representations or endorsements whatsoever with respect to the service. we and zelle expressly disclaim all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, about the service described or provided. neither we nor zelle warrant that the service will be uninterrupted, timely, secure or error-free, or that defects will be corrected. the services are provided on an "as is" and "as available" basis.
Neither we nor Zelle shall have liability to you for any such transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Service.
THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND PEOPLE WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE TO SEND MONEY TO PEOPLE WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. OTHER THAN THE UNAUTHORIZED TRANSACTION AND ERROR PROTECTIONS PROVIDED FOR IN SECTION 17 OF THIS AGREEMENT, NEITHER WE NOR ZELLE OFFER A PURCHASE PROTECTION PROGRAM FOR THE PURCHASE OF GOODS OR SERVICES. IF YOU AUTHORIZE A PAYMENT USING ZELLE TO PAY FOR GOODS OR SERVICES AND YOU DO NOT RECEIVE THE GOODS OR SERVICES YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED, NEITHER WE NOR ZELLE OFFER PURCHASE PROTECTION OR OTHERWISE PROVIDE REFUNDS OR DIRECT OTHER USERS TO REIMBURSE YOU FOR YOUR PURCHASE.
You agree that you, not WE or ZELLE, are responsible for resolving any payment or other disputes THAT YOU HAVE with any other User with whom you send money to, or receive OR REQUEST money from using the Service.
Except as otherwise provided herein and subject to applicable law, in no event will zelle, its owners, directors, officers, agents or network banks be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary or other indirect damages arising out of (i) any transaction conducted through or facilitated by the service; (ii) any claim attributable to errors, omissions, or other inaccuracies in the services described or provided, (iii) unauthorized access to or alteration of your transmissions or data, or (iv) any other matter relating to the services described or provided, even if zelle has been advised of the possibility of such damages. if you are dissatisfied with zelle’s service or with the terms of this agreement, your sole and exclusive remedy is to discontinue using the service.
In those states where the exclusion or limitation of liability for consequential or incidental damages may not apply, any liability of zelle, its owners, directors, officers and agents or the network banks liability in those states is limited and warranties are excluded to the greatest extent permitted by law, but shall, in no event, exceed one hundred dollars ($100.00).
We can in our sole and absolute discretion at any time and without liability to you:
change any part of this Agreement, the Application or the Service. The most up-to-date version of this Agreement will be on our Website available through our online banking service, and you should review it on a regular basis. When you later use the Service or Application you agree to all changes we made; and suspend your use of the Service and Application or terminate this Agreement without notice to you.
You can terminate this Agreement at any time by notifying us and discontinuing your use of the Service and the Application.
The Application and/or Service and all the related software, computer code, design, visual interfaces, graphics, information, data, services, documentation and other materials associated with the Service ("Service Properties") are owned and operated by us, is our property or of our third-party licensors and could be protected by intellectual property and/or proprietary rights and other restrictions. You can only use the Service and the Service Properties as we allow, and we reserve all our rights to them that are not provided for in this Agreement.
You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in this Agreement, you agree to indemnify, defend and hold harmless us, Zelle, its owners, directors, officers, agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of the terms of this Agreement.
You cannot assign this Agreement or your rights and obligations under it to someone else without our permission. We can assign this Agreement and our rights and obligations to someone else without your permission or prior notice to you. They will then take our place under this Agreement.
Subject to the terms of this Agreement, the Services are generally available 24 hours a day, seven days a week except for outages for maintenance, technical problems, circumstances beyond our or Zelle’s control or other reasons. Notwithstanding, we are not responsible if Services are not available.
You are responsible for protecting your Equipment against unauthorized use as well as any losses and damages from unauthorized access. You will protect your Equipment, set up strong passwords and take other reasonable security precautions to protect your Equipment from unauthorized use. We are not responsible or obligated for any of these security precautions.
You will also: (1) keep your passwords secret and change them regularly; (2) limit access to your Equipment, and passwords to those who have a legitimate need for them; (3) supervise all people that you allow to use your Equipment or the Service; (4) regularly monitor access and use of the Service including promptly reviewing our notices to you and your Account statements and (5) tell us immediately when your Equipment is lost or stolen or you believe there has been any unauthorized activity involving the Service; and (6) promptly change your passwords and remove anyone who is no longer authorized to use the Service.
We understand how important privacy and confidentiality are to you. Please consult our Online Privacy Practices statement and our Privacy & Opt Out Notice for information about our commitment to you and your privacy rights. A copy of our Online Privacy Practices Statement and the Privacy & Opt Out Notice is available on our Website. Information regarding mobile banking security can also be found on our Website.
In connection with the Service, you also promise that:
We can add eligibility and registration requirements to use the Service at any time. For example, we can ask you to verify the e-mail address or Mobile Device telephone number you are trying to register for the Service by having you enter a code that we send to the e-mail address or Mobile Device telephone number you are trying to register.
Any "memo" field we provide in the Application is only for your use and future reference. We will not be obligated by anything you enter into this field and reserve the right to filter this field. Do not include sensitive or confidential information like Social Security or account numbers in the "memo" field.
This Agreement will be governed by federal law and, where applicable, by the laws of the state where your Account was opened whether you live in that state or use the Service there.
The Service can be affected by the terms of other agreements you have with other parties including those for your Mobile Device and any mobile service. We have no responsibility or obligations under any of these agreements, and this Agreement will not change any of your rights and obligations under them.
This Agreement will bind and benefit all your and our successors and assignees.
Your promises to us – including your indemnification of us - will continue even after this Agreement ends.
All our affiliated entities and parties you indemnify in the Agreement will be third party beneficiaries of this Agreement and entitled to directly rely on its provisions and enforce it. No other person or party will have rights or claims under this Agreement.
If any provision of this Agreement is found to not be enforceable, the other provisions of this Agreement will remain valid and enforceable. You and we will work in good faith to substitute other enforceable terms that are similar to those that are unenforceable.
Our failure to enforce any term(s) of this Agreement will not be a waiver or affect our right to later enforce them.
A photocopy or other image of this agreement can be used as the original.
"Account" means your eligible Capital One consumer checking account or other eligible deposit accounts with us that we permit you to make fund transfers into using the Service. In general, these are Accounts where you have access and authority as an authorized signer according to our records and as provided in our online banking services.
"Agreement" means all the terms and disclosures related to your use of the Service.
"Application" means all our computer software, computer code, design, visual interfaces, graphics, information, data, services, documentation and other materials associated with the Service that we provide.
"Availability Schedule" means the section in the rules for your Account titled "Deposit Availability Disclosure" which describes when we will make funds deposited by you available for your withdrawal.
"Equipment" means your Mobile Device and any other computer, tablet or other device and associated software you use in connection with the Service.
"Mobile Device" means your mobile telephone or smartphone and associated software you use in connection with the Service.
"Money Transfer" means the P2P transfer of money from or into your Account using or related to the Service.
"Service" means our funds transfer service using the Zelle Network to allow you to authorize us to send money from your Account to certain non-commercial persons/payees using their e-mail address or Mobile Device telephone number. You can also receive money into your Account from these persons/payees using your e-mail address or Mobile Device telephone number.