Last modified 05/07/2024
This Agreement governs your use of any Capital One credit card or debit card ("Card") for mobile payments on the mobile payments platform (the “Service”). We refer to Capital One and its affiliates and related entities as “we,” “us” or “our.” This includes Capital One Financial Corporation, Capital One, N.A. and each of their successors, assigns, agents, and representatives. Capital One’s offices are located at 1680 Capital One Drive, McLean, Virginia.
Before using the Service, please read this Agreement. You accept this Agreement by using the Service. If you don’t accept these terms, you may not use the Service.
This Agreement is in addition to other agreements that may apply to you, including your Capital One credit card, checking, savings, and/or auto loan account(s) (“Account” or “Accounts”) agreements and including our Online Banking Terms and Conditions and Auto Finance Online Terms and Conditions. If there is a conflict between this Agreement and other policies or terms, solely as they apply to the Service this Agreement governs. The terms of this Agreement are not intended to modify any disclosures or other terms that are required by law. Please also visit www.capitalone.com/privacy for information about how Capital One collects, uses, and discloses personal information in connection with the Service.
1. Consent
By enabling your Card for the Service, you authorize Capital One to share your information with certain third parties ("Service Providers") to enable your Card to operate on the Service, and to improve the Service Provider’s products and services. Capital One’s Service Providers are contractually obligated to keep this information confidential. You should also read the Terms & Conditions for the mobile payments platform, which describe your relationship with them and how they manage your information.
2. Security & Confidentiality of Access Information
You agree to keep your username, password, personal identification number, and any other security or access information for the Service (collectively, "Access Information") confidential. You should protect your mobile device as you would a credit or debit card and password-protect your mobile device using a unique, secret password. If you believe that anyone has gained unauthorized access to your account via your mobile device or otherwise, you agree to advise us in accordance with the terms you agreed to when you opened your account or as otherwise provided for in our Online Banking Terms and Conditions.
3. Limitations, Termination & Cancellation
If at any time you wish to discontinue use of the Service, you may delete or remove your Card from the Service.
Your use of the Service may be subject to general practices and limits, such as limits on the dollar amount or number of transactions during any specified time period. We also reserve the right to impose limits on certain Service features, restrict access to some or all of the Service, decline to process a transaction made using the Service, or remove your cards from the Service, without prior notice to you.
4. Changes or Amendments. We may change, suspend, or discontinue the Service, or any of their features, at any time without notice. We may amend any of this Agreement’s terms at our sole discretion by posting revised terms on our website at https://www.capitalone.com/digital/mobile-payments-user-terms/. Unless otherwise indicated, when you use the Service after the effective date of the revised terms, you accept the terms.
5. Termination. Your rights under this Agreement will cease without notice if you fail to comply with any of its terms. In such a case, we may immediately stop your access to the Service.
6. Notices. We may provide you with notices related to the Service by email, text message/SMS (standard message and data rates may apply), regular mail, or postings on the websites or apps related to the Service. Your use of the Service is subject to the consent you provided to the Electronic Communications Disclosure (“eCommunications Disclosure”). This allows us to provide you with certain communications and other records electronically.
7. Tech Support. Capital One may not be able to provide support for the Service. If Capital One provides support, it will be in addition to other support for your Card. You agree to any support rules, policies, and determinations.
8. Feedback. You agree that any suggestions, comments, and feedback you submit to Capital One (“Feedback”) shall be the property of Capital One. Capital One is free to use any Feedback without any restriction of any kind. This includes without limitation the right to reproduce, display, transform, distribute and create derivative works. Capital One can also use any ideas, concepts, know-how or techniques in such Feedback for any purpose.
9. Disclaimer of Warranty. CAPITAL ONE PROVIDES ACCESS TO THESE SERVICES “AS IS.” CAPITAL ONE MAKES NO EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION. CAPITAL ONE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY US CREATES ANY KIND OF WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
10. Limitation on Liability & Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISK THAT MAY RESULT FROM YOUR USE OF THE SERVICE. YOU AGREE NOT TO HOLD US LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATING TO YOUR SIGNING UP FOR AND/OR ACCESS OR USE (OR INABILITY TO ACCESS OR USE) THE SERVICE, REGARDLESS OF WHETHER THEY’RE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY. THIS INCLUDES WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES. THE SERVICE MAY SOMETIMES BE DOWN, DELAYED, INTERRUPTED, OR NOT WORK PROPERLY. CAPITAL ONE IS NOT LIABLE TO YOU FOR ANY INTERRUPTIONS OR UNAVAILABILITY OF THE SERVICE. SHOULD THE SERVICE BE DEFECTIVE IN ANY WAY, WE ASSUME NO LIABILITY FOR SERVICING, REPAIR, OR CORRECTION. CAPITAL ONE HAS NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS, OR ERRORS IN CONNECTION WITH THE SERVICE.
IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICE.
IN STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, OUR LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW BUT SHALL, IN NO EVENT, EXCEED TEN DOLLARS ($10).
11. Indemnification. You agree that you are personally responsible for your conduct while using the Service. You agree to indemnify, defend, and hold harmless Capital One and our respective owners, affiliates, directors, officers, employees and agents from claims, losses, expenses, liability, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, caused by or arising out of your use, misuse, or inability to use the Service. This includes any violation by you of these terms. This provision will survive the expiration or termination of this Agreement.
12. Governing Law; Jurisdiction; Venue. Virginia law governs this Agreement without regard to its conflicts of law principles. To the extent permitted under any applicable law, this Agreement will not be subject to the Uniform Computer Information Transactions Act as codified or amended. You irrevocably and unconditionally submit to the jurisdiction and venue of the United States District Court for the Eastern District of Virginia. If this court does not have subject matter jurisdiction, then you submit to the courts of Virginia located in Henrico or Fairfax County.
13. SPECIAL NOTICE FOR CALIFORNIA USERS. Under California Civil Code Section 1789.3, certain users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at:
Capital One
Attn: Legal Notice
PO Box 30285
Salt Lake City, UT 84130-0285
14. Capital One’s Intellectual Property. Capital One owns the intellectual property rights related to or used in connection with our the Service. This includes patents, trade secrets, copyrights, and trademarks. All other intellectual property rights are the property of their respective owners. Nothing in this Agreement gives you any rights with respect to any intellectual property rights owned by Capital One or others. All other trademarks and graphics are the property of their respective owners.
15. Severability. If any part of this Agreement is void or unenforceable, all remaining terms shall remain valid and enforceable.
16. Non-Waiver. We shall not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or failure on our part to exercise any right or remedy shall be a waiver of that or any other right or remedy. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies in the future.