Last modified 09/29/2022
This Agreement governs your use of Capital One’s external account information collection services (the “Service”). We refer to Capital One and its affiliates and related entities as “we,” “us” and “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 allows Capital One to collect information related to your accounts with other companies, including banks and financial institutions (“External Account(s)”). For example, Capital One may collect information about a checking account you have with another bank.
- Accessing and Collecting Your Data. With your permission, we may access and collect information from your External Accounts (“External Account Information”). External Account information may include past and current balances, payment information and account transactions.
- Use of External Account Information. We may use External Account Information to provide you with and improve our services. For example, if we collect your transaction history we may learn about your income and how you save and spend your money. We may match you with Capital One products and services you might like based on that information. We may also use External Account Information to conduct transactions you authorize, like an electronic funds transfer using your External Account number.
- Your Credentials and Authorization to Access External Accounts. By presenting your login information to access an External Account, you represent that the login information is yours or you’re authorized to access the account. You also authorize us and our service providers to use your login information to retrieve External Account Information for all of your accounts with that provider.
- One-time and/or ongoing access. We will tell you if we intend to access your External Account Information more than once. And we will only do so with your authorization.
- Disconnecting an External Account. You can revoke our right to continue accessing an External Account at any time on the Capital One website.
- Accuracy and Availability. Your External Account provider(s) and our service providers, if applicable, are responsible for the accuracy and availability of your External Account Information. External Account Information may not be available from all financial institutions.
- Consumer Reports under the Fair Credit Reporting Act. The External Account Information we obtain may be considered a consumer report subject to the Fair Credit Reporting Act. If required, you agree that Capital One has a permissible purpose under the FCRA to access any External Account Information.
If you would like to obtain a copy of your External Account Information, or dispute inaccurate or incomplete information, please contact Finicity. Finicity Corporation, 434 W. Ascension Way, Suite 200, Salt Lake City, Utah 84123 (Attn: Information Dispute Services), (855) 263-3072. https://consumer.finicityreports.com
- Changes or Amendments. We may change, suspend, or discontinue the Service or any part of it, at any time without notice. We may amend this Agreement at our sole discretion by posting revised terms on our website at www.capitalone.com/digital/external-accounts-terms-conditions. Unless otherwise indicated, when you use the Service 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 the Service.
- 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. By providing your mobile number, you consent to receive autodialed and prerecorded / artificial calls, including text messages, from Capital One and its agents. Message and data rates may apply. Your use of the Services 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.
- Tech Support. Capital One may not be able to provide support for the Service. You agree to any support rules and policies.
- 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 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 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 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. 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.
- 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 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.
- 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.