1. Scope of Application

These Terms of Use apply to the use of the ivie application for iOS and Android (hereinafter “ivie,” “ivie app,” or “app”), a service of the Vienna Tourist Board.

2. General

2.1. The goal is to provide interested users with information about the City of Vienna, in particular sights, tour suggestions, and events in Vienna.

2.2. In addition to this general information, the ivie app allows users to save their personal interests, mark locations as favorites, or add their own locations. Points of interest can be managed without needing to register. Saving favorites and adding a user’s own locations require registration.

2.3. Furthermore, the app contains all the necessary information on the Vienna City Card (hereinafter “VCC”). The ivie app is also used to display the purchased digital card(s).

2.4. A contract between the user and the Vienna Tourist Board is concluded regarding the use of the services and offerings provided in the ivie app. However, the Vienna Tourist Board is not a contracting party when purchasing the VCC.

3. Use of the ivie app

3.1. Please note that using the app requires internet access and that connection costs may be incurred for the provision of telecommunications services. Use of the app itself is free of charge.

3.2. No registration is required to use the app’s basic functions. Registering via email or an external identity provider allows users to access certain features (such as favorites and creating custom locations). The account can be deleted at any time in the account settings under “Account löschen” (DE) and “Delete account” (EN).

3.3. The ivie app may not be used in any way, and for any purpose, that violates applicable law.

3.4. It is also not permitted to use the ivie app and its content in connection with the use, creation, distribution, promotion, or similar activities involving products, services, or materials that support the following, are used for the following, or are designed for the following:

3.4.1. spyware, adware, and/or other harmful programs or code; counterfeit goods; unsolicited sending of mass emails (“spam”);
3.4.2. actions intended to mislead search engines into listing certain pages higher than they would normally be listed (“web spam”);
3.4.3. illegal multi-level marketing schemes, illegal direct sales, and/or telemarketing;
3.4.4. hate content; offensive, defamatory, abusive, or otherwise obscene content;
3.4.5. prostitution; stolen products and/or items used in connection with criminal offenses; hacking, surveillance, wiretapping, or decryption devices; illegal gambling.

3.5. The ivie app and its related content may only be used in such a way that no impairment or disruption of the underlying resources (e.g. server, website, etc.) occurs.

3.6. The user is obligated to install the updates provided by the Vienna Tourist Board in the Apple App Store or Google Play Store for their mobile device within a reasonable period of time. The Vienna Tourist Board is not liable for a defect that is solely attributable to the failure to install an update, provided that the Vienna Tourist Board has informed the user about the availability of the update and the consequences of not installing it. This does not apply if the update was not installed or was installed improperly due to defective installation instructions provided by the Vienna Tourist Board. 

4. Vienna City Card

4.1. The user can use the ivie app to display their purchased VCC. More detailed information on purchase and activation can be found at this link.

4.2. The purchase of the VCC is processed in an external online shop via a distribution partner. The Vienna Tourist Board is not involved in this transaction. The applicable general terms and conditions as well as the data protection terms must be confirmed separately before the purchase is completed and do not affect these Terms of Use.

4.3. The VCC can be transferred into the ivie app and displayed there by entering the activation code and last name in the ivie app or by using the “Transfer to ivie app – Vienna Guide” button.

5. Warranty, Liability

5.1. The user acknowledges that, given the current state of technology, errors in software programs cannot be completely ruled out despite the greatest care, and that it is not possible to develop data processing programs that are error-free under all conditions of use and for all user requirements or that work without errors with all third-party programs and hardware. The ivie app is optimized for the current versions of the iOS and Android operating systems. Proper functioning on older or modified operating system versions cannot be guaranteed.

5.2. The Vienna Tourist Board endeavors to keep the information provided in the app, such as opening hours or event dates, up to date and accurate. Since such data may change at short notice, this information is provided for informational purposes only. Any liability for the accuracy and completeness of the data is excluded, except for personal injury as well as other damages in cases of willful intent or gross negligence caused by the Vienna Tourist Board. Users are advised to verify particularly important information (e.g. opening hours) directly with the respective provider prior to a visit.

5.3. The Vienna Tourist Board endeavors to ensure high availability of the ivie app. However, users must acknowledge that continuous and uninterrupted availability cannot be technically guaranteed at all times. Liability for damages resulting from temporary unavailability or malfunction of the app is limited to willful intent and gross negligence. This exclusion of liability does not apply to personal injury. In any case, disruptions caused by force majeure, necessary maintenance work, or disruptions in communication networks not operated by the Vienna Tourist Board are excluded from liability.

5.4. The free ivie app is supported on commonly used mobile devices. Users can obtain the exact list of these devices from the Vienna Tourist Board at any time. As the ivie app is provided free of charge, the Vienna Tourist Board reserves the right to change or expand the service or its scope of functions. Such changes are permitted in particular if they are reasonable for users because they are minor and objectively justified. The Vienna Tourist Board also reserves the right to discontinue the app, subject to a reasonable notice period, after informing users in advance.

5.5. The “Walks & Guides” feature shows the user interesting sights and related information. Despite carefully verifying the information, the Vienna Tourist Board assumes no responsibility for the completeness or accuracy of the information provided. It should also be noted that when using the ivie app, and in particular the “Walks & Guides” feature, users must pay attention to the prevailing traffic conditions, including road crossings, traffic lights, other road users, etc.

5.6. The Vienna Tourist Board shall not be liable for any minor damage or damages caused by slight negligence resulting from the use of the free ivie app. This exclusion of liability does not apply to damages caused by gross negligence, injury to health or bodily injury, or due to mandatory liability laws.

6. Copyright and Links

6.1. The design of the ivie app as well as the editorial articles, information, photographs, and videos published in it are protected by copyright.

6.2. Any reproduction, public distribution, or other use of copyrighted content from the ivie app requires the prior express consent of the Vienna Tourist Board.

6.3. The ivie app contains links to external third-party websites over which we have no control. We cannot provide any warranty for such third-party content; responsibility always lies with the respective provider or operator of the pages. If we become aware of legal violations on linked pages, we will remove such links immediately.

7. External Datasources

Data source for the Useful category: City of Vienna: https://data.wien.gv.at

8. Privacy Notice

8.1. All information on data protection matters is set out in our Privacy Policy, which is not part of the contract.

9. Final provisions

9.1. By using the ivie app, the user agrees to these Terms of Use without restriction.

9.2. The Vienna Tourist Board reserves the right to block users in the event of legal violations or behavior that violates netiquette (for example, insulting, inappropriate, or harassing behavior).

9.3. Written notices are deemed received if they are sent to an (email) address provided by the user or sent as a notification in the ivie app. Only written agreements between the parties are valid; this does not affect the validity of individual agreements entered into after the contract is concluded. Any amendment to the Terms of Use must also be in writing. This also applies to any waiver of the requirement for written form. Oral agreements are not legally binding.

9.4. Governing law: Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and any conflict-of-laws provisions. This choice of law does not deprive you, as a consumer, of the protection afforded to you by the mandatory provisions of the law of the country in which you have your habitual residence.

9.5 Place of jurisdiction: As a consumer, you may bring legal claims against the Vienna Tourist Board either before the courts in your place of residence or before the competent courts in Vienna’s Innere Stadt district. For any legal action brought by the Vienna Tourist Board against you as a consumer, the court with jurisdiction is the one in the district where you have your domicile, habitual residence, or place of employment.