Terms & Conditions
Last Updated: October 2025
1. Scope of Application and Contracting Party
1.1 These Terms and Conditions (hereinafter "Terms") apply to the use of the mobile application "Learny" (hereinafter "App") and the associated website learny.page (hereinafter "Website").
1.2 Operator of the App and contracting party is:
Emanuel Schmacher e.U.
Sielach 76
9133 Sittersdorf
Austria
Email: support@learny.page
Phone: +43 664 2617817
(hereinafter "Provider")
1.3 These Terms apply to consumers and businesses. For consumers, special protection provisions apply according to applicable consumer protection law.
2. Service Description
2.1 Learny is a learning app that enables users to learn with digital flashcards. The app offers the following main features:
- Creation and management of flashcards
- AI-powered generation of learning content with Google Gemini AI
- Voice output and speech recognition in 12 languages
- Learning statistics and progress tracking
- Import of learning content through text scanning
- Offline functionality for already created content
2.2 The app is available in the Apple App Store / Google Play Store und Google Play Store and offers two usage models:
- Free Basic Version: 3 subjects with 3 categories each containing up to 50 cards
- Learny Pro: Unlimited subjects and cards, advanced AI features
3. Prices and Payment Terms
3.1 Learny Pro Subscription
- Monthly subscription: €5.99 per month (incl. 20% Austrian VAT)
- Annual subscription: €49.99 per year (incl. 20% Austrian VAT) - Save 30%
3.2 Payment is processed through the Apple App Store / Google Play Store und Google Play Store. Apple's payment terms apply.
3.3 Prices are final prices including statutory value added tax.
4. Contract Formation and Apple App Store / Google Play Store und Google Play Store
4.1 The contract for using the free basic version is concluded upon download and installation of the app.
4.2 For all paid subscriptions (Learny Pro), the terms and conditions, payment terms, and policies of the Apple App Store / Google Play Store und Google Play Store apply exclusively. The contract for in-app purchases is concluded directly with Apple as the merchant. Apple is responsible for payment processing, billing, and all refunds.
4.3 The contract term for subscriptions is one month or one year depending on the selected model and automatically renews unless cancelled in time.
4.4 Information about Apple's terms and conditions can be found at: Apple Media Services - Terms and Conditions
5. Right of Withdrawal and Refunds
5.1 For paid subscriptions, Apple's withdrawal and refund policies apply exclusively. Withdrawals and refunds must be processed directly through Apple.
5.2 You can request refunds through your Apple ID settings or at reportaproblem.apple.com.
5.3 The provider has no influence on refund decisions and cannot issue direct refunds, as Apple is the merchant for all in-app purchases.
6. Cancellation
6.1 The free basic version can be terminated at any time by uninstalling the app.
6.2 Subscriptions can be cancelled at any time through your Apple ID settings. The cancellation becomes effective at the end of the current billing period.
6.3 The right to extraordinary termination for good cause remains unaffected.
7. Warranty
7.1 The statutory warranty provisions under Austrian law apply.
7.2 In case of defects in the digital service, you are entitled to improvement or replacement. If both are impossible or disproportionate, you are entitled to an appropriate price reduction or contract termination.
7.3 The warranty period for consumers is two years from the provision of the digital service.
8. Limitation of Liability
8.1 The provider is unlimitedly liable in cases of intent and gross negligence, as well as for injury to life, body, and health.
8.2 In cases of slight negligence, the provider is only liable for breach of essential contractual obligations (cardinal obligations) and limited to the contract-typical, foreseeable damage.
8.3 Liability for data loss is limited to the typical recovery effort that would have occurred with regular and risk-appropriate backup copies.
8.4 The limitations of liability do not apply to claims under product liability law.
9. Data Protection
9.1 The processing of personal data is carried out in accordance with the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG).
9.2 Detailed information about data processing can be found in our Privacy Policy.
10. Copyright and Usage Rights
10.1 The app and all contained content are protected by copyright.
10.2 With the purchase of a subscription, you receive a non-exclusive, non-transferable right of use for the duration of the subscription.
10.3 Content created by users remains the property of the respective users.
11. Changes to the Terms
11.1 The provider reserves the right to change these Terms with effect for the future.
11.2 You will be informed of changes in good time. The changes are deemed approved if you do not object within four weeks after notification.
12. Online Dispute Resolution
12.1 The EU Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr
12.2 We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
13. Final Provisions
13.1 Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
13.2 For consumers: This choice of law only applies insofar as the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not withdrawn.
13.3 Place of performance is 9133 Sittersdorf, Austria.
13.4 Place of jurisdiction for disputes with businesses is Klagenfurt. For consumers, the statutory places of jurisdiction apply.
13.5 Should individual provisions of these Terms be or become ineffective, the validity of the remaining provisions remains unaffected.