DIGITAL WALLET TERMS AND CONDITIONS
If you are a Discover customer (excluding “Discover by Capital One” accounts), the following DISCOVER DIGITAL WALLET TERMS AND CONDITIONS applies for any Discover credit card or Discover debit card associated with a deposit account you add to an electronic wallet, as defined below.
If you are a Discover by Capital One customer, 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, as defined below.
These Digital Wallet Terms and Conditions ("Terms") apply when you add a Discover® credit card account or Discover debit card associated with a deposit account ("Discover Card") to an electronic 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 ("Digital Wallet"). They apply to you and anyone else you authorize to use your Digital Wallet. If you do not agree to these Terms, do not access the Digital Wallet. DFS reserves the right to change these Terms at any time and without notice as permitted by law, and your continued use of this Digital Wallet constitutes agreement to all such changes. "DFS" means Discover Products Inc., and their affiliates.
Use of the Digital Wallet
Adding your Discover Card. You can add an eligible Discover Card to the Digital Wallet by following the instructions of the Digital Wallet provider. 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 the Digital Wallet and if already in the Digital Wallet, the card may be removed. When you add a Discover Card to the Digital Wallet, the Digital Wallet allows you to use your Discover Card to enter into transactions where the Digital Wallet is accepted. The Digital Wallet 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 the Digital Wallet, 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 your Digital Wallet provider (e.g. Apple, Google, Samsung). These Terms do not amend or supersede any of those agreements, including but not limited to, your Cardmember Agreement with DFS or your Deposit Account Agreement with Discover, a division of Capital One, N.A., (Discover). You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of the Digital Wallet (for example, your mobile service carrier may impose data usage or text message charges for your use of or interaction with the Digital Wallet), and you agree to be solely responsible for all such fees, limitations and restrictions.
You agree that only your mobile service carrier or Digital Wallet provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your carrier or Digital Wallet 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 the Digital Wallet or any third party's products or services.
Notifications. You hereby consent to DFS and/or the Digital Wallet provider sending you notifications through the Digital Wallet 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 your Digital Wallet provider.
Suspension/Removal of a Card. DFS reserves the right to discontinue offering or supporting the Digital Wallet for any reason. Unauthorized use of the Digital Wallet, 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 the Digital Wallet. You may not use the Digital Wallet in any manner that could damage, disable, overburden, or impair the service, DFS may block, restrict, suspend or terminate your use of the Digital Wallet 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 the Digital Wallet.
You should contact the Digital Wallet provider on how to remove your Discover Card from the Digital Wallet.
Privacy and Security
The personal information you provide when loading your Discover Card into the Digital Wallet will be shared with the Digital Wallet provider and DFS. When you use the Discover Card within the Digital Wallet, you will share transaction information with the Digital Wallet provider in addition to DFS. You agree that by using the Digital Wallet, you hereby consent to DFS sharing information (including information that may personally identify you) with the Digital Wallet provider in order to facilitate Digital Wallet transactions you have initiated. You further agree that DFS may share non-personal information with the Digital Wallet provider to improve the Digital Wallet service. This information helps DFS add your Discover Card to the Digital Wallet and to maintain the Digital Wallet. DFS does not control the privacy and security of your information that may be held by the Digital Wallet provider and that is governed by the privacy policy given to you by the Digital Wallet provider. For additional information on DFS' privacy practices which applies to your use of your Discover Card in the Digital Wallet, please visit https://www.discover.com/privacy-statement/ .
Disclaimer of Warranty and Limitation of Liability
The information, products and services on the Digital Wallet are provided on an "AS IS," and "AS AVAILABLE" basis. DFS does not warrant the information or services provided herein or your use of the Digital Wallet 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 the Digital Wallet. DFS cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you through the Digital Wallet for any particular purpose.
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 Digital Wallet, or resulting in any way from or in connection with:
- any errors, acts or omissions in the technical operation or content of the Digital Wallet;
- the Digital Wallet and any data or content therein, or any products or services made available through the Digital Wallet;
- any action taken in connection with an investigation by DFS, law enforcement or other authorities regarding your use of the Digital Wallet;
- any other cause relating to your access to, inability to access, or use of the Digital Wallet,
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 Web site.
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 THIS DIGITAL WALLET, 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 THE DIGITAL WALLET;(D) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR PASSWORD; (G) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD. 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.
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 the Digital Wallet 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 constitutes the entire agreement between DFS and you with respect to the Digital Wallet 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 May 18, 2025.
CAPITAL ONE MOBILE PAYMENTS TERMS AND CONDITIONS
Last modified 05/07/2024
This Agreement governs your use of any Capital One credit card or debit card ("Card") for mobile payments on the mobile payments platform (the “Service”). 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 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 and Auto Finance Online 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.
1. Consent
By enabling your Card for the Service, you authorize Capital One to share your information with certain third parties ("Service Providers") to enable your Card to operate on the Service, and to improve the Service Provider’s products and services. Capital One’s Service Providers are contractually obligated to keep this information confidential. You should also read the Terms & Conditions for the mobile payments platform, which describe your relationship with them and how they manage your information.
2. Security & Confidentiality of Access Information
You agree to keep your username, password, personal identification number, and any other security or access information for the Service (collectively, "Access Information") confidential. You should protect your mobile device as you would a credit or debit card and password-protect your mobile device using a unique, secret password. If you believe that anyone has gained unauthorized access to your account via your mobile device or otherwise, you agree to advise us in accordance with the terms you agreed to when you opened your account or as otherwise provided for in our Online Banking Terms and Conditions.
3. Limitations, Termination & Cancellation
If at any time you wish to discontinue use of the Service, you may delete or remove your Card from the Service.
Your use of the Service 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 Service features, restrict access to some or all of the Service, decline to process a transaction made using the Service, or remove your cards from the Service, without prior notice to you.
4. Changes or Amendments. We may change, suspend, or discontinue the Service, 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 https://www.capitalone.com/digital/mobile-payments-user-terms/. Unless otherwise indicated, when you use the Service after the effective date of the revised terms, you accept the terms.
5. 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 the Service.
6. Notices. We may provide you with notices related to the Service by email, text message/SMS (standard message and data rates may apply), regular mail, or postings on the websites or apps related to the Service. Your use of the Service 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.
7. Tech Support. Capital One may not be able to provide support for the Service. 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.
8. 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.
9. 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.
10. 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 SIGNING UP FOR AND/OR 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. SHOULD THE SERVICE 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 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).
11. 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.
12. 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.
13. 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:
Capital One
Attn: Legal Notice
PO Box 30285
Salt Lake City, UT 84130-0285
14. Capital One’s Intellectual Property. Capital One owns the intellectual property rights related to or used in connection with our 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.
15. Severability. If any part of this Agreement is void or unenforceable, all remaining terms shall remain valid and enforceable.
16. 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.