Last modified 09/29/2022
This Agreement governs your use of Capital One Virtual Card Numbers and the Capital One Eno Virtual Card Numbers Extension (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. 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.
- How It Works. The Service creates unique credit card numbers for your Capital One credit card account. We refer to these as “Virtual Card Numbers” or “VCNs.” When you shop online, the Service allows you to create a VCN to give the merchant to pay for your item. This way, you don’t have to give the merchant the number on your actual card (“actual card number”).
- Use of VCNs for Transactions. VCNs can be used to make purchases under the terms of your credit card account. You should protect your VCNs like you would protect your actual credit card information. Do not share (e.g., screenshot) your VCNs. And don’t allow others to use the Service.
- The Capital One Eno Virtual Card Numbers Extension. You can download the Capital One Eno Virtual Card Numbers Extension, which detects when you’re checking out online. It will give you the option to pre-fill a VCN. This makes online checkout easier. It might not catch every check out, so you can also use the extension to manually create a VCN. You can then cut and paste the VCN into the checkout page if needed. To detect when you check out and identify merchants, the extension transmits to Capital One the URLs of the websites you visit that (1) appear to have checkout pages; and/or (2) you are visiting when you use the extension. We use this information to deliver security features and to help improve our service. We will not use it to market other products or services to you.
- Repeat Usage/Recurring Transactions. You can use VCNs multiple times (like for recurring or repeat charges). If you lose your actual card or it expires, and we send you a card with a new number, your VCNs will continue to work.
- Virtual Card Number “Binding” Pilot. We’re working on a way to “bind” VCNs to a specific merchant. This means a VCN can only be used with one merchant and will be declined if used with different merchants. So a VCN you create to buy a hat from Merchant A will only work there, and not at Merchant B. It may not be possible to create a VCN for every merchant.
- Managing VCNs. You can manage your VCNs at CapitalOne.com. You may have the option to set spending limits or block future transactions (“lock” or “delete”) on a specific VCN. When you lock a VCN, it will instantly block new purchases using that VCN. Some activities may continue after you lock or delete a VCN. This includes returns, credits, payments, interest, dispute adjustments, other account fees, purchase transactions during system downtime, and certain other transactions. We may offer additional VCN management options. Always review your credit card account statements to ensure that all transactions are correct.
- Security & Confidentiality of Access Information. The Service is only as secure as the device you use to access it. You should protect any device used for the Service using a unique, secret password, PIN, or pattern. You can also use biometric fingerprint or retina scans. We can’t control the security of your device and it is up to you to protect your device from unauthorized users and harmful malware. If the device you’re using to access a webpage is infected by a virus or malware, your VCN could be exposed. You are responsible for keeping your Capital One username and password safe. You are also responsible for use of the Service with your username and password. This includes activities of others using your account or device. While we use security protocols to detect fraud, we can’t catch everything. If someone else has access to your device or your Capital One log-in information, they could use the Service to generate VCNs. They could then use the VCNs to make purchases. If you share access to your device or your Capital One log-in information, you increase this risk. You agree to immediately notify us of any unauthorized use of the Service on your account. Capital One reserves the right to deactivate a VCN at any time if we believe the security of your device has been compromised.
- Limitations on Use. Your use of VCNs may be subject to limitations. These may include limits on the dollar amount or number of transactions in a specific time period. We also reserve the right to restrict your access to VCNs or some or all of the VCN features without prior notice to you. We may also decline to process a transaction using VCNs for risk management purposes.
- Returns. Keep your merchant receipt in case you want to return a purchase made with a VCN. The merchant will only have the VCN you used to make the purchase. It will not have your actual card number. So if you try to return a purchase using your actual card number, it probably won’t work.
- Use of Merchants and Other Third-Party Websites. Each purchase you make using the Service is a contract between you and the merchant. Their terms and conditions will control that transaction. The Service helps you make purchases more securely using VCNs. But this doesn’t mean that we trust or guarantee anything about any merchant. We can’t guarantee that any merchant is reputable or that the merchant will securely process the transaction.
- Availability & Bugs. The Service may not be available for all types of credit cards issued by Capital One. For example, some retail partnership cards and cards issued to authorized users may not be eligible. It’s also possible that something might not work correctly or might not work at all. For example, a purchase using a VCN might be declined. Yet the same purchase might be approved if you use your actual card number. By using the Service, you accept that risk. If the Service stops working, you can still try to use your actual card number to make purchases.
- Hardware and Other Requirements. To use the Service, you must (1) have an active credit card account that’s eligible for VCNs; (2) be enrolled in Capital One Online Banking with your credit card account; (3) be 18 years of age or older; and (4) be a legal resident of the United States. The Service may require periodic updates, as well as updates to the device that it’s running on (for security or other reasons, like a fix or browser upgrade).
- Use in U.S. Only. The Service is for use in the United States and not in any other country or jurisdiction where its use would be contrary to law or regulation. You are responsible for ensuring use of the Service complies with all applicable laws, rules, and regulations. For example, you may not use the Service if you are in any country subject to a U.S. Government embargo, sanctions, or that has been designated by the U.S. Government as a “terrorist supporting” country.
- Stuff You Can’t Do. You agree not to use the Service for anything other than making authorized transactions. For example, you won’t:
- decompile, reverse engineer, or otherwise access or attempt to access the source code for the Service;
- use any automated system (e.g., robot, bot, screenscraper) to access the Service;
- use the Service in a destructive way, such as transmitting viruses or exploiting bugs;
- access Capital One’s services or systems other than as permitted by this Agreement;
- use the Service for anything illegal; or
- provide us with fake or incorrect information about you or your account.
- Changes or Amendments. We may change, suspend, or discontinue the Service, 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 https://www.capitalone.com/digital/eno/virtual-card-numbers/terms/. Unless otherwise indicated, when you use the Service after the effective date of the revised Agreement, you accept the terms.
- Notices. We may provide you with notices related to the Service by email, text message/SMS, 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.
- Termination. Your rights under this Agreement will cease without notice if you fail to comply with any of its terms. In such cases, we may immediately stop your access to the Service.
- 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 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 ACCESS TO THE SERVICE “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 of 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, OR INTERRUPTED. 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).
- 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. 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 these services. 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.