Last modified 09/29/2022
This Agreement governs your use of the Capital One Skill on Amazon’s Alexa service (“Skill”). 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 Skill, please read this Agreement. You accept this Agreement by using the Skill. If you don’t accept these terms, you may not use the Skill.
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 the 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 Skill 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 Skill.
- Privacy and Security. The Skill allows you to use your Alexa-enabled device (“Device”) to communicate with Capital One regarding your Account. The Skill uses your voice to start Alexa’s features. The Skill does not use your voice to verify that you are authorized to access an Account. To use the Skill, you will have to speak to a Device. Capital One treats a communication to us through the Skill as an authorized communication by you. Any communication from Capital One to Alexa will be treated as a communication to you. You are responsible for all interactions via the Skill. It’s possible that someone else could interact with Capital One by using the Skill. Or someone could hear you using the Skill and learn information about your Account. It’s possible that Alexa or Amazon will record your interactions with the Skill or Device. Check your agreements with Amazon to learn how it and your Device treat those interactions.
- ACH Debit Authorizations. You may be able to initiate payments to or from your Account using the Skill. It will give you choices about how much to pay (e.g., total amount due, minimum payment or statement balance). Payments will be initiated on the date you tell Alexa (“Payment Date”). Withdrawals from the account used to pay may take a few more days. So if you make a payment from your bank’s checking account, we’ll start the process when you ask us to. It usually takes less than two days, but it may take longer.
- Credit Card Accounts. By using the Skill, you may authorize Capital One to initiate payments in amounts up to the greater of your credit limit or your balance. You can cancel payments prior to the Payment Date by logging into your Account on our website or mobile app or by calling the number on the back of your credit card. You may not be able cancel a payment using the Skill.
- Auto Loan Accounts. By using the Skill, you may authorize Capital One to pay the total amount due for a specific bill. You can cancel payments prior to 5pm EST on your Payment Date by logging into your Account on our website or mobile app or by calling 1-800-946-0332. You may not be able cancel a payment using the Skill.
- Security Settings. By setting up your Device with the Skill, you authorize Capital One to provide information to Amazon and the Device. Your Device settings may allow others using your Device to get information about your Account. The settings may allow the Device to save information about your Account. By enabling the Skill on your Device, you are responsible for how the Skill is used. This includes any actions initiated by the Device, including payments.
- Accuracy. We didn’t design or manufacture Alexa or your Device. The Device runs other software that we did not write or design. So we don’t control it. It’s possible that Alexa will not hear you correctly. Or Alexa may say something different than the information we provide. By accepting this Agreement, you understand and agree that Capital One is not responsible for such inaccuracies. If you have doubts about the accuracy of information, you can get your Account details from the Capital One mobile app or website at www.capitalone.com.
- Bugs. There may be bugs and other technical issues that prevent the Skill from working properly or working at all. By using the Skill you accept that risk. The Skill is only an optional way to access your Account. All of the information Capital One makes available through the Skill is also available in other ways (see “Accuracy” section, above). Don’t rely on the Skill as your only means of accessing your Account.
- Electronic Records and Signatures. Your use of the Skill 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. See our Online Banking Terms and Conditions.
- Hardware and Other Requirements. To access Capital One via the Skill, you must (1) have an active Account; (2) be enrolled in Capital One Online Banking with your Account; (3) be 18 years of age or older; (4) be a legal resident of the United States; and (5) have a Device, an internet connection, and an Amazon account.
- Contacting You. We may seek your feedback on the Skill. We may ask about problems you encounter, things that work well, and ideas for improving it. You agree that Capital One may email you from time to time about your experience with the Skill. We may also contact you by any method set forth in the Online Banking Terms and Conditions.
- Changes or Amendments. We may change, suspend, or discontinue the Skill, or any of its 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 www.capitalone.com/applications/alexa. Unless otherwise indicated, when you use the Skill after the effective date of the revised terms, you accept the terms.
- 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 Skill.
- Tech Support. Capital One may not be able to provide support for the Skill. If Capital One provides support, it will be in addition to other support for your Account. You agree to any support rules, policies, and determinations.
- 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.
- Disclaimer of Warranty. CAPITAL ONE PROVIDES THE SKILL “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.
Limitation on Liability & Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISK THAT MAY RESULT FROM YOUR USE OF THE SKILL. 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 SKILL, 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 SKILL MAY SOMETIMES BE DOWN, DELAYED, INTERRUPTED, OR NOT WORK PROPERLY. CAPITAL ONE IS NOT LIABLE TO YOU FOR ANY INTERRUPTIONS OR UNAVAILABILITY OF THE SKILL. SHOULD THE SKILL 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 SKILL.
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).
- Indemnification. You agree that you are personally responsible for your conduct while using the Skill. 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 Skill. This includes any violation by you of these terms. This provision will survive the expiration or termination of this Agreement.
- 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.
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:
Attn: Legal Notice
PO Box 30285
Salt Lake City, UT 84130-0285
- Capital One’s Intellectual Property. Capital One owns the intellectual property rights related to or used in connection with the Skill. 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.
- Severability. If any part of this Agreement is void or unenforceable, all remaining terms shall remain valid and enforceable.
- 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.