APPLE PAY WALLET TERMS AND CONDITIONS
If you are a Discover customer (excluding “Discover by Capital One” accounts), the following DISCOVER APPLE PAY WALLET TERMS AND CONDITIONS applies for any Discover credit card you add to the Apple Pay wallet, as defined below.
If you are a Discover by Capital One customer, and your card is eligible to be managed through the Capital One-branded mobile banking app or website, the following CAPITAL ONE MOBILE PAYMENTS TERMS & CONDITIONS applies for any Discover credit card or Discover debit card issued and serviced by Capital One Financial Corporation, Capital One, N.A. you add to a mobile payments platform, including the Apple Pay wallet, as defined below.
These Apple Pay Terms and Conditions ("Terms") apply when you add a Discover® credit card account ("Discover Card") to the Apple Pay wallet that will permit you to make (i) contactless payments at merchants' contactless-enabled point-of-sale terminals or readers that accept contactless payments using an electronic wallet (in lieu of you presenting your physical card) and/or (ii) in-app or other digital commerce payments at merchants participating in the electronic wallet ("Apple Pay"). They apply to you and anyone else you authorize to use your Apple Pay. If you do not agree to these Terms, do not access Apple Pay. DFS reserves the right to change these Terms at any time and without notice as permitted by law, and your continued use of Apple Pay constitutes agreement to all such changes. "DFS" means Discover Products Inc., and their affiliates.
Adding your Discover Card
You can add an eligible Discover Card to Apple Pay by following the instructions of Apple. If your Discover Card is not in good standing or your account is frozen, then your Discover Card will not be eligible to be added in Apple Pay and if already in Apple Pay, the card may be removed. When you add a Discover Card to Apple Pay, Apple Pay allows you to use your Discover Card to enter into transactions where Apple Pay is accepted. Apple Pay may not be accepted at all places where your Discover Card is accepted.
Terms that Apply
In addition to these Terms, you agree that when you use Apple Pay, you will remain subject to the terms and conditions of all your existing agreements with DFS, its affiliates, and/or any unaffiliated service providers, your mobile service carrier (e.g., AT&T, Verizon, Sprint, T-Mobile, etc.), and Apple. These Terms do not amend or supersede any of those agreements, including but not limited to, your Cardmember Agreement with DFS. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Apple Pay (for example, your mobile service carrier may impose data usage or text message charges for your use of or interaction with Apple Pay), and you agree to be solely responsible for all such fees, limitations and restrictions.
You agree that only your mobile service carrier or Apple Pay provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your carrier or Apple Pay provider directly without involving DFS. DFS is not responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of Apple Pay or any third party's products or services.
Device Eligibility
You are required to have an eligible Apple device in order to use this service. Apple, at its sole discretion, determines which Apple devices are eligible to be used with the Apple Pay service. Devices which have been unlocked in an unauthorized fashion (“jail-broken”) or otherwise modified are not eligible to use Apple Pay. You acknowledge that use of an ineligible mobile device with Apple Pay is expressly prohibited, constitutes a breach of these Terms and is grounds for us to temporarily suspend, permanently terminate, or otherwise deny further access to your Discover Card in Apple Pay. We are not liable to you for the effects (third party or otherwise) of such termination or suspension.
For a complete list of eligible devices that support Apple Pay, please see: https://www.apple.com/apple-pay/
Notifications
You hereby consent to DFS and/or Apple sending you notifications through Apple Pay from time to time reflecting your Discover Card account activity and/or marketing messages. If you do not wish to receive notifications, you may turn off these notifications through the device settings on your mobile phone or by the procedures established by Apple.
Suspension/Removal of a Card
DFS reserves the right to discontinue offering or supporting Apple Pay for any reason. Unauthorized use of Apple Pay, including, but not limited to, unauthorized entry into DFS' systems, misuse of passwords or misuse of any other information, is strictly prohibited and will result in suspension and/or termination of your use of Apple Pay. You may not use Apple Pay in any manner that could damage, disable, overburden, or impair the service, DFS may block, restrict, suspend or terminate your use of Apple Pay at any time without notice and for any reason, including if you violate these Terms or any other agreements with DFS, except as otherwise required by applicable law. You agree that DFS will not be liable to you or any third party for any suspension, cancellation or termination of your use of Apple Pay. You should contact Apple on how to remove your Discover Card from Apple Pay.
Privacy and Security
When you enroll or use your Discover Card with Apple Pay, the personal information you provide, along with transaction information, will be shared with Apple and DFS. Merchants may also provide Apple with certain transaction data related to purchases made with a Discover Card. You agree that by using Apple Pay, you hereby consent to DFS sharing information (including information that may personally identify you) with Apple in order to facilitate Apple Pay transactions you have initiated and to make information available to you about your Discover Card transactions. You further agree that DFS may share non-personal information with Apple to improve Apple Pay service. This information helps DFS add your Discover Card to Apple Pay and to maintain Apple Pay. DFS does not control the privacy and security of your information that may be held by Apple and that is governed by the privacy policy given to you by Apple. Please review Apple’s privacy policy for how Apple will use and protect your information. For additional information on DFS' privacy practices which applies to the use of your Discover Card in Apple Pay, please visit https://www.discover.com/privacy-statement/ to review the applicable Consumer Privacy Notice and our Online Privacy Notice.
You are responsible for maintaining the confidentiality of your Apple Pay wallet, including device passcode.
Disclaimer of Warranty and Limitation of Liability
The information, products and services on Apple Pay are provided on an "AS IS," and "AS AVAILABLE" basis. DFS does not warrant the information or services provided herein or your use of Apple Pay generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. DFS will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via Apple Pay. DFS cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you through Apple Pay for any particular purpose.
To the maximum extent permitted by law, you assume all risk that may result from your use of Apple Pay. Neither DFS, nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Apple Pay, or resulting in any way from or in connection with:
- any errors, acts or omissions in the technical operation or content of Apple Pay;
- Apple Pay and any data or content therein, or any products or services made available through Apple Pay;
- any action taken in connection with an investigation by DFS, law enforcement or other authorities regarding your use of Apple Pay;
- any other cause relating to your access to, inability to access, or use of Apple Pay,
regardless of whether the circumstances giving rise to such cause may have been within the control of DFS or of any vendor providing software or services. In no event will DFS or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages or any other damages of any kind even if DFS or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. DFS cannot and does not guarantee continuous, uninterrupted or secure access to the services.
IF YOU ARE DISSATISFIED WITH APPLE PAY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING APPLE PAY.
IN NO EVENT WILL DFS OR ITS AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
BY ACCESSING APPLE PAY, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD DFS AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL OR INTERNATIONAL LAW, RULE OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF APPLE PAY;(D) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR DEVICE OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR CREDENTIALS; (G) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR CREDENTIALS. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN DFS'S DEFENSE OF ANY CLAIM. DFS RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF DFS.
This section will survive the expiration or termination of these Terms.
Miscellaneous
These Terms shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to conflicts of laws provisions and the parties unconditionally waive their respective rights to a jury trial. Any cause of action you may have with respect to your use of Apple Pay must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. These Terms constitute the entire agreement between DFS and you with respect to Apple Pay and it supersedes all prior or contemporaneous communications, agreements and understandings between DFS and you with respect to the subject matter hereof.
These Terms were last updated April 22, 2026.