Terms and Conditions

Last updated: June 3rd, 2020

Thank You for Using CreditWise!

CreditWise is provided by Capital One Bank (USA), N.A. with offices at 1680 Capital One Drive, McLean, Virginia. By using CreditWise, you agree to these terms (the "Agreement"). The term "Capital One" in this Agreement shall refer to Capital One Bank (USA), N.A. and all its affiliates.

From time to time, we may change these terms. We recommend that you review them on a regular basis.

Who Can Use CreditWise

You must be a U.S. resident or a resident of Puerto Rico to use CreditWise. Also, you must be at least 18 years old. We reserve the right to refuse access to CreditWise or cancel your CreditWise profile at any time without notice.

Privacy

To see what we do with your personal information and what choices you can make, see Capital One Online & Mobile Privacy statement and Capital One's Privacy and Opt-Out Notice

License

Once you enroll, we grant you a license to use CreditWise solely for your personal use. We reserve all rights in and to such software. We can revoke your license. You cannot transfer this license.

Obtaining your Credit Information

I understand that CreditWise may pull my credit information from one or more credit reporting agencies on an ongoing basis for as long as my CreditWise profile remains open.  I understand that CreditWise may use my credit information, and other information I provide at or after enrollment, to:

Enhanced Offers (optional)

From time to time, CreditWise may ask if you would like to participate in our enhanced offers program to get even more customized product offers. If you opt-in, we will ask you to provide new written instructions under the Fair Credit Reporting Act and other applicable law for Capital One and its affiliates to regularly request and receive consumer report and other information from additional third parties.

If you do not opt-in, you may still see standard product offers within CreditWise, based on your current CreditWise information and other data from your transactions and experiences with Capital One.

AnnualCreditReport.com

CreditWise will show you your TransUnion credit report and score. You can also get a free credit report each year from Experian, Equifax, and TransUnion. For details see AnnualCreditReport.com or call 877-322-8228. For more information, go to www.consumerfinance.gov/learnmore.

CreditWise Score

There are different types of credit scores in the marketplace that are based on different models and different information. You should never assume your CreditWise score is exactly the same as the one a particular lender might use.

Simulating your Credit Score

CreditWise's simulator tool estimates how various financial decisions that you could make might impact your CreditWise score. Those same financial decisions might have different impacts on other credit scores.

Alerts and Communications

To help you monitor your credit, we may place personalized alerts from one or more credit bureaus into the CreditWise tool.  For example, we may alert you if we see a meaningful change to your credit report(s), that your social security number is used in connection with a new name or address to apply for credit, or that your personal info is on the dark web. These alerts are not guaranteed to detect all fraud or identity theft, and are not currently available from all 3 bureaus.  From time to time, we may also send you alerts via push notifications, emails and/or texts (where available).

Please keep your email and other contact information on file with us updated.  Also, if you do not open an email from Capital One at least once per year, you may stop receiving email alerts from us.  If you don't want to receive email alerts, this may not be a product for you.

Security

If you have an outdated browser, your connection to CreditWise (and most other sites) might not be secure. We recommend that you update your browser to a version that supports 128-bit encryption and secure sockets layer version 3.0 or higher.

You are responsible for maintaining the confidentiality of your username and password.  Do not share them. If you think someone might know your username and password, you should change them or cancel your enrollment.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL CAPITAL ONE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES HOWEVER CAUSED UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT OR IN TORT (INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, RELIANCE, ESTOPPEL, NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ANY STATUTORY DAMAGES OR ANY INTANGIBLE LOSS, RESULTING FROM YOUR ACCESS OR USE OF CREDITWISE, EVEN IF CAPITAL ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

Disclaimer of Warranty

YOU AGREE THAT YOU ASSUME ALL RISK FOR YOUR USE OF CREDITWISE, THAT CREDITWISE IS PROVIDED "AS IS", AND THAT CAPITAL ONE MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED HEREUNDER. 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 CREDITWISE WILL CREATE ANY WARRANTY OF ANY KIND.

Indemnification

You agree to indemnify, defend and hold harmless Capital One, its affiliates and subsidiaries and their respective officers, directors, employees, agents, successors and assigns from and against any and all losses and threatened losses arising from, in connection with, or based on allegations whenever made of, any of the following: your breach of this Agreement; your use of CreditWise; any claim that your use of CreditWise violates any applicable law; or any claim arising out of, or in connection with, your negligent acts or omissions.

This obligation shall survive the termination or expiration of this Agreement and/or your use of the CreditWise. You will cooperate as fully as reasonably required in the defense of any claim identified under this Section. You acknowledge that damages for improper use of CreditWise may be irreparable; therefore, Capital One is entitled to seek equitable relief in addition to all other remedies.

Capital One reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Cancelling Your Account

You can cancel your CreditWise profile at any time. It may take up to 45 days for us to process your request.

No Waiver

If Capital One does not exercise or enforce any legal right or remedy available to it, Capital One will not be deemed to have waived rights or remedies. Any waiver of any provision of this Agreement will be effective only if Capital One expressly states in a signed writing that it is waiving a specified provision of this Agreement.

Remedies and Injunctive Relief

We can use all available remedies under the law in addition to any remedies provided by these terms.

You agree that Capital One may apply for injunctive remedies (or an equivalent type of urgent legal relief) with respect to this Agreement's subject matter and any other legal remedies that it may pursue.

Severability

If it turns out that something in these terms violates the law, then we agree to consider it automatically revised so that it complies with the law and fits our original intent as closely as possible. The rest of these terms will continue to apply.

Survival

Even after your CreditWise service ends, terms in this Agreement that relate to things that might happen after termination will survive and still apply after termination.

Third Party Beneficiaries

Either of us, including any of the Capital One family of companies, is entitled to enforce rights under these terms. Otherwise, no other person or company will be a third party beneficiary to these terms.

Assignment

If we need to, we may assign rights under this Agreement to another party. You may not assign your rights under this Agreement.

Governing Law; Jurisdiction and Venue

These terms 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 law, these terms 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.

Trademark Information

CreditWise is a Capital One trademark - don't copy, steal or abuse it, or any other trademark used here.