These Capital One User Terms for Google Pay (the “Agreement”) govern your use of eligible Capital One credit cards and debit cards (“Cards”) in connection with Google Pay. "Capital One", "we", "us" or "our" mean, collectively, Capital One Financial Corporation, its subsidiaries and affiliates (including Capital One, N.A. and Capital One Bank (USA), N.A) and all of their respective successors, assigns, agents, and/or authorized representatives. Your use of Cards in connection with Google Pay is conditioned on your acceptance of this Agreement.

This Agreement applies in addition to, and is not intended to replace, any other agreement that may apply in connection with your Cards, including our Privacy Policy. However, in the event of a conflict between this Agreement and other terms, this Agreement will govern.

See Google’s terms regarding its operation of Google Pay and its privacy policies. 

  1. Information sharing 

    1. Authorization to Share Information with Google for Google Pay. By adding your Capital One Card to Google Pay, you acknowledge that Capital One may share with Google your: 

      Basic Account Data (one-time)
      First name, last name, billing address, email, phone number, credit card number, and expiration date

       

       

       

       

      Transaction Data (ongoing)
      Information about your purchases (e.g., merchant name, transaction amount, date) made using Google Pay and associated refunds

      We may share data about transactions on your Card with Google when:

      • You use Google Pay for Mobile Payments or Online Payments, e.g., using a Google Pay button or other Google Pay functionality in apps and on merchant websites
      • You use Google Pay Virtual Card Numbers generated by Capital One for use with Chrome or Android Autofill, including one-time transactions and recurring transactions by merchants who have stored these numbers 
       

      i) Data Becomes Subject to Google’s Privacy Policies. Once your basic account data and transaction data is shared, it becomes subject to Google’s applicable privacy policies and information security protections. To learn more about how Google protects, manages, and uses data, consult their privacy policy, terms & conditions, and/or supporting documentation.

      ii) Your Right to Stop Transaction Information Sharing for Google Pay Virtual Card Numbers. You can ask us to stop sharing information about your Google Pay Virtual Card Number transactions at any time on the Capital One website or mobile app. Please note that a revoked authorization may take some time to become effective and, once effective, will apply going forward unless and until another authorization is provided. This right to stop transaction information sharing does not apply to other types of Google Pay transactions, including Mobile Payments and other online Google Pay transactions.

    2. Authorization for Google to Share Data with Capital One. By adding your Card to Google Pay, you acknowledge that Google may share with Capital One information about your Google account(s) to enable Google Pay and help us prevent fraud. For example, Google may share information about your device, how long your Google account has been open, and the web address for a merchant where Google Pay is used.

  2. The Google Pay Service 

    1. Overview of Google Pay. Google Pay is a service offered by Google subject to Google’s terms of service and privacy policies. When your Card is added to Google Pay for a specific Google account, Google Pay may be used to initiate one or more of the following types of transactions: 

      1. At contactless in-person terminals using an eligible device (each a “Mobile Payment”); 
      2. Online using a Google Pay button or other Google Pay functionality (each an “Online Payment”); or
      3. Online using a Google Pay Virtual Card Number generated by Capital One for use in the Autofill feature of the Google Chrome browser and in Android mobile applications (each a “VCN Payment”).
    2. Linking to your Google Account. Your enrollment in Google Pay is tied to the specific Google account you used when you enrolled. For example, assume you have two Google accounts - john.doe1@gmail.com and john.doe2@gmail.com. If you use john.doe1@gmail.com when enrolling in Google Pay, the Google Pay services will not be available when using john.doe2@gmail.com unless you separately enroll in Google Pay with that account. 

    3. Unenrollment. If you wish to stop using your Card in Google Pay, you may remove your Card as a payment method from your Google Pay wallet or at pay.google.com. When you remove your Card from Google Pay, your Transaction Data will no longer be shared with Google. See Section 4 below for more information on VCN Payments. 

    4. Eligibility for Google Pay and Different Types of Transactions. Only certain Capital One credit cards and debit cards are eligible to be used with Google Pay. For example, some retail partnership cards and cards issued to authorized users may not be eligible for Google Pay. Some cards that are eligible for Google Pay may not be eligible for all types of Google Pay transactions. For example, a card that can be used for Mobile Payments might not be eligible for VCN Payments. We reserve the right to change which cards are eligible for Google Pay and different types of transactions at any time and without notice. 

    5. Availability. In some cases, Google Pay might not work correctly or might not work at all. For example, a Mobile Payment might be declined while the same purchase would be approved if you used the chip on your physical credit card at an in-person terminal. If Google Pay stops working, you can still attempt to use your physical credit card and actual card number to make purchases. Google Pay may also require periodic software updates, e.g., updates to the Google Pay app or the device that it’s running on (e.g., for security or technological reasons, like a security fix or browser upgrade).

    6. Limitations on use. Your use of a Card in Google Pay 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 Google Pay features, restrict access to some or all of the Google Pay features, or decline to process a transaction using Google Pay for risk management purposes without prior notice to you.

    7. Suspension or Termination of these Services. Capital One may suspend or terminate all or part of the services described herein at any time. If we do so, we will use reasonable efforts to provide you with advance notice.

  3. Mobile Payments and Online Payments

    This section applies if you use Google Pay to make Mobile Payments or Online Payments. 

    1. Overview of Mobile Payments. Mobile Payments allow you to initiate transactions at contactless in-person terminals using an eligible device. 

    2. Overview of Online Payments. Online Payments allow you to initiate transactions online using a Google Pay button or other Google Pay functionality.  

    3. Information Sharing for Mobile Payments and Online Payments. Capital One may share information about your Mobile Payment and Online Payment transactions with Google as described in Section 1. In addition, by activating your Capital One Card for Mobile Payments and Online Payments, you authorize Capital One to share your information with certain third parties, including the payment networks, to enable and improve the Google Pay services.

  4. VCN Payments: Virtual Card Numbers in the Autofill feature of the Google Chrome browser and in Android mobile applications

    This section applies if you use Google Pay to make VCN Payments. 

    1. Overview of Virtual Card Numbers. VCN Payments allow you to request a unique, merchant-specific card number from Capital One through the Autofill feature of the Google Chrome browser and in Android mobile applications when initiating a transaction (each a "Virtual Card Number" “Virtual Card,” “Virtual Number,” or “VCN,” and collectively “Virtual Cards”). So if you are shopping online for a hat at the Hat Store and you go through that store's check-out process, this feature will allow you to generate a VCN that you can give to the merchant to pay for your new hat - without giving the merchant the number printed on your physical card (your “actual card number”).

    2. Use of Virtual Card Numbers for Transactions. VCNs can be used to make purchases and initiate other transactions under the previously disclosed terms of your Card account. Do not share (e.g., screenshot) your VCNs or allow others to use the feature. 

    3. Autofill in the Google Chrome Browser and in Android Mobile Applications. The Google Chrome browser and Android Mobile Application Autofill feature automatically detects online check out processes and gives you the option to pre-fill a VCN, making online checkout a breeze. 

    4. Repeat Usage/Recurring Transactions. VCNs can be used multiple times (e.g., for repeat use or recurring charges). If your actual card number is replaced (e.g., if you lose your actual card or it expires, and we send you one with a new number), your VCNs will continue to work. Note that VCNs created for VCN Payments will continue to work after you remove your Card from Google Pay if the VCN is stored on file with a merchant. See Subsection G to learn more about managing your VCNs. 

    5. Virtual Card Number Merchant Binding. VCNs are “bound” to a specific merchant or a specific family of merchants, meaning that the VCN can only be used at that merchant. If any other merchant tries to process a transaction on that VCN, we will decline the transaction. For example, a VCN you create to buy a hat from the Hat Store should work at the Hat Store but not work at the Shoe Store. Note that it may not be possible to create merchant specific VCNs in certain scenarios. 

    6. Use of Merchants and Other Third-Party Websites. Each transaction that you make using VCN Payments is a contractual relationship directly between you and the merchant, and their terms and conditions will control that transaction. VCN Payments help you make more secure purchases using VCNs, but this is not an indication that Capital One trusts or guarantees anything about any merchants. For example, if you make a purchase at the Hat Store using a VCN, Capital One cannot guarantee that the Hat Store is a reputable merchant or that the Hat Store's processing of the transaction will be handled securely. By using VCN Payments, you agree to hold us harmless from all liability, loss, or damage that may arise from you visiting/using/making a purchase on a third-party site.

    7. Managing VCNs. You can manage your VCNs from the CapitalOne.com website and may have the option to block future transactions (“lock” or “delete”) on a specific VCN. When you lock a VCN, it will instantly block all new purchases using that VCN. Some activities may continue after you lock or delete a VCN, including returns, credits, payments, interest, dispute adjustments, other account fees, purchase transactions during system downtime, and certain other exempted transactions. We may offer additional VCN management options. Always review your Card account statements to ensure that all transactions are correct.

    8. Information Sharing for VCN Payments. Capital One may share information about your VCN Payment transactions with Google as described in Section 1. 

  5. General Terms

    1. Security & Confidentiality of Access Information. Google Pay can only be as secure as the device you use to access it, so you should protect any device used for Google Pay transactions using a unique, secret password, PIN, or pattern, or use biometric authentication technologies, such as fingerprint or retina scans. We can't control the security of your device and weaknesses could be used to initiate unauthorized transactions. For example, if a VCN is entered into a merchant's online checkout form and the device you're using to access that webpage has been compromised by a virus or malware, your VCN could be exposed. You are responsible for Google Pay transactions using your device(s), including the activities of others using your device(s), in accordance with applicable law. If you believe anyone has gained unauthorized access to your Card via your device or otherwise, you agree to advise us as soon as possible and in accordance with the terms of your Card account.

    2. Notices: Contacting You by Text/SMS, Push, Email, and Mail. You authorize us to contact you regarding your use of Google Pay by sending text messages/SMSs to your mobile device, push notifications to your mobile device, email to your selected email address, and regular US mail. 

      1. When you provide your email address, we may use it to send you important information about your use of Google Pay, as well as other useful products and services. 
      2. 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.

    3. Authorization to Obtain Data from Mobile Networks. You authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber and device details, if available, to Capital One and service providers for the duration of the business relationship, solely for identity verification and fraud avoidance.

    4. Use in the United States only. Cards are available for use with Google Pay in the United States and not in any other country or any jurisdiction where its use would be contrary to law or regulation. You are responsible for ensuring that your usage of Google Pay complies with all applicable laws, rules, and regulations. For example, you may not use your Card for a Google Pay transaction 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.

    5. Stuff You Can’t Do. You agree not to use your Card with Google Pay for any purpose other than making authorized transactions. For example, you won’t:

      1. decompile, reverse engineer, or otherwise access or attempt to access the source code for Google Pay;
      2. use any automated system (e.g., robot, bot, screenscraper, etc.) to access Google Pay;
      3. use Google Pay in a destructive way, such as by transmitting viruses or exploiting bugs;
      4. access Capital One’s services or systems other than as permitted by this Agreement;
      5. use Google Pay for anything illegal; or
      6. provide us with fake or incorrect information about you or your account.
    6. Changes or Amendments. We may change, suspend, or discontinue the services described herein, or any part of it, including the VCN Autofill feature as a whole and any VCN options, at any time without notice. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on our website at www.capitalone.com/digital/google-pay-user-terms. Your continued use of Google Pay after the effective date of the revised Agreement constitutes acceptance of the terms.

    7. Termination for Non-Compliance. Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. In case of such termination, we may immediately revoke your access to Cards through Google Pay without notice.

    8. Tech Support. Capital One may not be able to provide technical and other support for certain aspects of Google Pay. If support is provided, it will be provided in addition to any normal support for your Card(s). You agree to abide by any support rules, policies, and determinations. 

    9. Limitation of Liability. CAPITAL ONE IS NOT RESPONSIBLE FOR GOOGLE PAY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF GOOGLE PAY IS AT YOUR SOLE RISK, AND CAPITAL ONE IS NOT RESPONSIBLE FOR THE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT. WITH REGARD TO GOOGLE PAY, CAPITAL ONE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY OR THE IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE AND RELATED WARRANTIES AND REPRESENTATIONS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CAPITAL ONE WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SHOULD GOOGLE PAY PROVE DEFECTIVE IN ANY WAY, CAPITAL ONE ASSUMES NO LIABILITY FOR THE COSTS OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION

      You agree to not hold us liable for any indirect, incidental, special, consequential, or punitive damages (e.g., damages for loss of profits, goodwill, use, data, or other intangible losses) arising out of or relating to (i) your use of (or inability to access) Google Pay, (ii) any claim attributable to errors, omissions, or other inaccuracies in Google Pay described or provided, including the transfer of inaccurate information, (iii) unauthorized access to Google Pay, or (iv) any other matter relating to Google Pay, regardless of whether they’re based on warranty, contract, tort, statute, or any other legal theory, and even if we have been advised of the possibility of such damages. If you are dissatisfied with Google Pay, your sole and exclusive remedy is to stop using it. 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 one hundred dollars ($100).

    10. Disclaimer of Warranty. We’re committed to developing a working integration with Google Pay and, while we do our best to always get it right, the services might not work correctly every time. You acknowledge and agree that all use of your Cards in Google Pay is at your sole risk.

       

      YOU ASSUME ALL RISK FOR YOUR USE OF GOOGLE PAY AND CARDS WITHIN GOOGLE PAY, ACKNOWLEDGE THAT CAPITAL ONE’S SERVICES ARE PROVIDED "AS IS", AND ACKNOWLEDGE THAT CAPITAL ONE MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED. CAPITAL ONE EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CAPITAL ONE, OR THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY OF ANY KIND.

       

    11. Indemnification. You acknowledge and agree that you are personally responsible for your conduct while using Google Pay, and you agree to indemnify and hold harmless Capital One and our respective owners, affiliates, directors, officers, employees and agents from any and all third party 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 resulting from or arising out of your use, misuse, errors, or inability to use Google Pay, or any violation by you of these terms.

    12. Complaints or Disputes. If you are not satisfied with Capital One’s efforts to resolve a complaint and you want to file a formal action against Capital One, you agree that any claim or dispute related to the services described herein must be resolved exclusively by a state or federal court located in Fairfax County, Virginia, using laws of the Commonwealth of Virginia. You agree to submit to the exclusive personal jurisdiction of the courts located within Fairfax County, Virginia (and, for the avoidance of doubt, to exclude the jurisdiction of any other court) for the purpose of litigating all such claims or disputes. 

      SPECIAL NOTICE FOR CALIFORNIA USERS. Under California Civil Code Section 1789.3, certain users of these 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. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
    13. Governing Law; Jurisdiction; Venue. This Agreement shall be governed by and construed in accordance with the law of the Commonwealth of Virginia without regard to any portion of its choice of law principles that might provide for application of a different jurisdiction's law; provided, however, that to the maximum extent permitted under applicable laws, this Agreement will not be subject to the Uniform Computer Information Transactions Act as currently enacted or as may be codified or amended from time to time by any jurisdiction. You irrevocably and unconditionally submit to the jurisdiction and venue of the United States District Courts for the Eastern District of Virginia, or if such court does not have subject matter jurisdiction, to the courts of the Commonwealth of Virginia located in Henrico County or Fairfax County.

    14. Trademark Information. Capital One trademarks and graphics used in connection with the services described herein are the property of Capital One. All other trademarks and graphics used are the property of their respective owners.