This Agreement is between you and Capital One Services, LLC, a Delaware limited liability company having offices at 1680 Capital One Drive, McLean, Virginia (together, with its parents and subsidiaries, "Capital One" or “us” or “we”) “and governs your use of the Capital One Eno Virtual Numbers Extension (the "App"). The Agreement applies in addition to, and is not intended to replace, any other agreement that may apply in connection with your Capital One account(s), such as any Capital One consumer credit card, checking, savings, home loan, and/or auto account(s) ("Account").
Your use of the App is conditioned on your acceptance of this Agreement. If you don’t accept these terms, you may not use the App.
Privacy and Security: The App is a downloadable browser extension that allows you to generate virtual credit card numbers to make online purchases. When enabled, the App will automatically detect online check-out processes and give you the option of generating unique numbers that link to Capital One card(s) you have registered with the App (a "Virtual Card Number," or VC#). (We might not catch every check-out process, but you can cut and paste the VC#.) In other words, if you are shopping for a sweet new hat and you go through that store's check-out process, the App will (a) pop up, (b) perform a security check, (c) give you a Virtual Card that you can enter in the credit card number field, and (d) allow you to buy that hat without giving the merchant your actual credit card number.
a. Authorization: Please be careful, because VC#s are 'live' and can be used. Do not share (e.g., screenshot) them, because this could allow someone to use them.
b. Always-On/Browsing Data: The App detects check-out processes, which means it must be "always on" when enabled. In order to help connect your online purchases to real-life merchants (e.g., sweethatvendor.com/sweethats is SWEET HAT STORE at brick-and-mortar address 123 Main St.), the App transmits to Capital One the URLs of the websites you visit (1) that appear to have checkout pages, and/or (2) that you are visiting when you fire up the App. This information is only used to help improve our learning engine, and will not be used to market other products or services to you.
c. Repeat Usage/Recurring Transactions: These VC #s can be used multiple times (e.g., for recurring charges).
d. Virtual Card "Binding" Pilot: We're working on a way to 'bind' VC#s to a specific merchant, so that the VC# can only be used at that merchant. In other words, if any other merchant tried to process a transaction on that VC#, we would decline the charge. We plan to test this feature in this version of the App. That means that a VC# you create for use Merchant A should work at Merchant A, but may or may not work at Merchant B.
e. Locking Tokens: When you lock a token, it will instantly prevent new charges on that token. All of these charges will be declined: In-store, Online, In-app & Phone Purchases. Some activity may continue, including returns, credits, payments, interest, dispute adjustments, other account fees, purchase transactions during system downtime, and certain other exempted transactions. Review your statements to ensure that all transactions are authorized.
f. Device Security, Unauthorized Access: The App can only be as secure as the device you use to access it, and we can't control the security of your device. If you enter your credit card number into a merchant's online checkout form, and the device you're using to access that webpage has been compromised by a virus/malware, your credit card number could be exposed. Similarly, if you use the App on a compromised device to generate a VC# and you enter that VC# into the merchant's online checkout form, your one-time VC# could be exposed. You are responsible for keeping your password safe. You are responsible for the activities that occur on the App using your login and password, including the activities of others using your account. You agree to immediately notify us of any unauthorized access or use of the App on your account.
g. Sharing Your Credentials: We feel like we're repeating ourselves, but: the App allows you to use your Capital One credentials to generate VC#s that be used to make online purchases. While we use layered security protocols to sniff out fraud (e.g., someone with your credentials pretending to be you), we can't catch every one. If someone else has access to your account or your computer, they could try to generate VC#s that could be used to buy things. If you share your online banking credentials, you increase this risk.
Returns: To process a return at a merchant, you should keep and use your receipt. The store will not have your actual Capital One card number - only the VC# you used to make the purchase. So, if you try to look up or process a return using your actual card number, it likely won't work.
No Affiliation with Merchants: The App helps you make more secure purchases at online merchants using VC#s, but this is not an indication that Capital One trusts or guarantees anything about that merchant. For example, if you make an online purchase at SweetHatStore, Capital One cannot guarantee that SweetHatStore is a reputable merchant, or that SweetHatStore's end of transaction will be handled securely. We probably don't know anything about SweetHatStore other than that you want to buy something there.
Use of Merchants and Other Third-Party Websites: The above means that we have no control over any of the websites you visit. Each transaction that you make using the App is a contractual relationship directly between you and the merchant, and their terms and conditions will control that transaction. By using the App, 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.
Pilot & Bugs: We are making the App available as part of a limited, early pilot program. It's possible that there will be bugs. There's a possibility that something might not work correctly, or might not work at all. For example, you may be declined on a tokenized transaction, even if you would be approved if you used your real card number. By getting this special preview and using the App, you're accepting that risk. If the App stops working, you can still use your actual card number to make transactions.
Hardware and Other Requirements: To use the App, you must (1) have an active Account, (2) be enrolled in Capital One Online Banking with your Account, (3) be a legal resident of the 50 United States or the District of Columbia 18 years of age or older, and (4) have internet access and a compatible device that can run the App. The App may require periodic updates, as well as updates to the device (e.g., for security or technological reasons, like a security fix or browser upgrade).
Location, Location, Location: The App is designed to be available for use 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 the App complies with all applicable laws, rules, and regulations. For example, you may not use the App 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 App for any purpose other than making authorized online purchases. For example, you won’t:
- decompile, reverse engineer, or otherwise access or attempt to access the source code for the App;
- use any automated system (e.g., robot, bot, screenscraper, etc.) to access the App or its features;
- use the App in a destructive way, such as by transmitting viruses or exploiting bugs;
- access Capital One’s services or systems other than as permitted by this Agreement;
- use the App for anything illegal (see above); or
- provide us with fake or incorrect information about you or your account.
Changes or Amendments: We may change, suspend, or discontinue the App, or any part of it, 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 https://www.capitalone.com/applications/eno/virtualnumbers/terms. Your continued use of the App after the effective date of the revised Agreement constitutes acceptance of the terms.
Termination/The Singularity: 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 the App. Your rights also obviously terminate if our reality is proven to be the result of the warping of the time-space continuum in the infinite gravity of a black hole (obviously). This would obviously cause a gravitational singularity, resulting in the failure of our laws of physics such that we couldn't know what's real. If we don't know what's real, we should spend time worrying about that and not this App or Agreement.
Tech Support: During your participation in the pilot, Capital One may or may not provide technical and other support for the App. You agree to abide by any support rules and policies. If such support is provided, it will be provided in addition to any normal support for your Account(s) and will be available exclusively through the pilot while you are a participant.
Disclaimer of Warranty: Just in case this isn't clear yet, you acknowledge and agree that all use of the App is at your sole risk. YOU ASSUME ALL RISK FOR YOUR USE OF THE APP, THAT IT IS PROVIDED "AS IS", AND 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 APP, WILL CREATE ANY WARRANTY OF ANY KIND.
Governing Law; Jurisdiction; Venue: C'mon, let's not fight about this. But if we do have to fight, we agree to do it in Virginia. 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.
Trademark Information: Capital One trademarks and graphics used in connection with the App are the property of Capital One. All other trademarks and graphics used are the property of their respective owners.