Last modified 09/29/2022
This Agreement governs your use of eligible Capital One credit and debit cards (“Card” or “Cards”) with Google Pay. 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 Google Pay, please read this Agreement. You accept this Agreement by using your Cards with Google Pay. If you don’t accept these terms, you may not use your Cards with Google Pay.
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 use of Google Pay 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 use of Google Pay.
See Google’s terms regarding its operation of Google Pay and its privacy policies.
Authorization to Share Information with Google for Google Pay. By adding your 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:
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 you may be able to stop sharing on the 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.
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). This is 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 a merchant’s web address where you use Google Pay.
The Google Pay Service
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:
Linking to your Google Account. Your enrollment in Google Pay is tied to the Google account used to enroll. For example, assume you have two Google accounts: firstname.lastname@example.org and email@example.com. If you use firstname.lastname@example.org when enrolling in Google Pay, the Google Pay service will not be available when using email@example.com. You would have to separately enroll in Google Pay with that account.
Removing a Card. If you wish to stop using Google Pay, you may remove your Card from your Google Pay wallet or at pay.google.com. When you remove your Card, your Transaction Data will no longer be shared with Google. See Section 4 below for more information on VCN Payments.
Eligibility for Google Pay and Different Types of Transactions. Only certain Capital One credit and debit cards are eligible to use with Google Pay. For example, some retail partnership cards and cards issued to authorized users may not be eligible. 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.
Availability. Sometimes, 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 actual credit card at an in-person terminal. If Google Pay stops working, you can still try to use your actual credit card to make purchases. Google Pay may also require periodic software updates to its app or the device that it’s running on for security or other reasons. These updates may include security fixes or browser upgrades.
Limitations on use. Your use of Google Pay 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 limit certain Google Pay features, such as by restricting access to some or all of the Google Pay features. We may also decline to process a transaction using Google Pay for risk management purposes. We may impose limitations without prior notice to you.
Suspension or Termination of these Services.We may suspend or terminate all or part of the services described here at any time. If we do so, we will use reasonable efforts to provide you with advance notice.
Mobile Payments and Online Payments
This section applies if you use Google Pay to make Mobile Payments or Online Payments.
Overview of Mobile Payments. Mobile Payments allow you to initiate transactions at contactless in-person terminals using an eligible device.
Overview of Online Payments. Online Payments allow you to initiate transactions online using a Google Pay button or other Google Pay functions.
Information Sharing for Mobile Payments and Online Payments. Capital One may share information about your Mobile or Online Payments with Google as described in Section 1. When you activate your Card for Mobile and Online Payments, you authorize us to share your information with certain third parties. This includes the payment networks to enable and improve the Google Pay services.
VCN Payments: Virtual Card Numbers in the Autofill feature of Google Chrome browser and Android mobile applications
This section applies if you use Google Pay to make VCN Payments.
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 online. We refer to these as a “Virtual Card Number,” or “VCN.” When you shop online, this feature allows you to create a VCN to give the merchant to pay for your item. You don’t have to give the merchant the number printed on your actual card (“actual card number”).
Use of VCNs for Transactions. You can use VCNs to make purchases and initiate other transactions under the terms of your 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 feature.
Autofill in the Google Chrome Browser and in Android Mobile Applications. The Google Chrome browser and Android Mobile Application Autofill feature detects when you’re checking out online. It will give you the option to pre-fill a VCN. This makes online checkout easier.
Repeat Usage/Recurring Transactions. You can use VCNs multiple times (like for recurring or repeat charges). If your actual card is replaced for any reason 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.
Merchant Binding. VCNs are “bound” to a specific merchant (or family of merchants). This means the VCN can only be used at that merchant. If any other merchant tries to process a transaction with that VCN, we will decline it. So a VCN you create to buy a hat from Merchant A will only work there. Not at Merchant B. It may not be possible to create a VCN for every merchant.
Use of Merchants and Other Third-Party Websites. Each transaction you make using VCN Payments is a contract between you and the merchant. Their terms and conditions will control that transaction. VCN Payments help you make purchases more securely using VCNs. But this doesn’t mean 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.
Managing VCNs. You can manage your VCNs at CapitalOne.com. You may have the option to 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 Card account statements to ensure that all transactions are correct.
Information Sharing for VCN Payments. Capital One may share information about your VCN Payment transactions with Google as described in Section 1.
Security & Confidentiality of Access Information. Google Pay is only as secure as the device you use to access it. You should protect any device used for Google Pay transactions 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 Google Pay transactions using your device(s). This includes activities of others using your device(s). While we use security protocols to detect fraud, we can’t catch everything. If someone else has access to your device, they could generate VCNs. They could then use the VCNs to make purchases. If you share access to your device, you increase this risk. You agree to immediately notify us of any unauthorized use of Google Pay on your account.
Authorization to Obtain Data from Mobile Networks. You authorize your wireless carrier to disclose to us and our service providers information about your account, such as subscriber status, payment method, network status, and device details, if available, to support identity verification and fraud avoidance for the duration of your enrollment in Google Pay.
Use in U.S. Only. You may only use your Card with Google Pay 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 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.
Stuff You Can’t Do. You agree not to use your Card with Google Pay for anything other than authorized transactions. For example, you won’t:
Changes or Amendments. We may change, suspend, or discontinue the services described in this Agreement, 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 www.capitalone.com/digital/google-pay-user-terms. When you use Google Pay 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 Cards through Google Pay.
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 Google Pay. 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.
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 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.
Limitation on Liability & Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISK THAT MAY RESULT FROM YOUR USE OF GOOGLE PAY. 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) GOOGLE PAY, 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. GOOGLE PAY MAY SOMETIMES BE DOWN, DELAYED, INTERRUPTED, OR NOT WORK PROPERLY. CAPITAL ONE IS NOT LIABLE TO YOU FOR ANY INTERRUPTIONS OR UNAVAILABILITY OF GOOGLE PAY. SHOULD GOOGLE PAY 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 GOOGLE PAY.
IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING GOOGLE PAY.
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 Google Pay. 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 Google Pay. 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 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.