Terms and Conditions for Learny

Last updated: August 2025

1. Scope of Application

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 The operator of the App and Website is:

Emanuel Schmacher e.U.
Sielach 76
9133 Sittersdorf
Austria
Email: info@learny.page
Website: https://learny.page
App Support: support@learny.page
(hereinafter "Provider")

1.3 By installing, accessing, or using the App, users agree to be bound by these Terms. Users who do not agree to these Terms may not use the App.

1.4 These Terms primarily apply to the mobile app. Use of the website is additionally subject to the terms specified there.

2. Description of Services

2.1 Learny is a learning app that enables users to study with digital flashcards. The App offers the following main features:

  • Creation and management of flashcards
  • AI-powered generation of learning content
  • Text-to-speech and speech recognition
  • Learning statistics and progress tracking
  • Import of learning content through text scanning

2.2 The App is exclusively available on the Apple App Store and offers:

  • Free Basic Version: Maximum 3 manually created subjects, maximum 3 manually created categories per subject, and maximum 15 manually created cards per category
  • Learny Pro: Unlimited subjects, unlimited categories, unlimited cards, advanced AI features

2.3 Learny Pro is available as a subscription in two options:

  • Monthly Subscription: €5.99 per month
  • Annual Subscription: €49.99 per year (save 30% compared to monthly)

2.4 Learny Pro offers a 7-day free trial period. During this trial period, you can use all Pro features without any charges. After the 7-day period expires, your chosen subscription (monthly or yearly) will automatically become paid and renew accordingly, unless you cancel before the trial period ends.

3. Age Restriction and Eligibility

3.1 The App is suitable for users aged 12 and above. Persons under 12 years of age may not use the App.

3.2 For users between 12 and 18 years of age, the following provisions apply:

  • Use of the free basic version is possible without restrictions
  • For paid subscriptions (Learny Pro), parental consent is required
  • In-app purchases are controlled through the Family Sharing settings on your Apple device

3.3 Youth protection measures: The App has comprehensive protective measures:

  • Content filtering: Automatic blocking of content harmful to minors through multi-level filtering
  • No communication features: No chat, no social features, no sharing of user-generated content
  • Safe AI usage: All AI-generated content is filtered and moderated. AI-generated content is checked for content harmful to minors through multi-level filters
  • Privacy protection: Minimal data collection, no location data, anonymous usage possible
  • EU AI Act Compliance: Transparent labeling of AI content

3.4 Users aged 18 and above can use all features without restrictions and independently subscribe to services.

4. Contract Formation

4.1 The presentation of the App in the App Store does not constitute a legally binding offer but an invitation to order.

4.2 The contract for using the free basic version is concluded upon downloading and installing the App.

4.3 Paid subscriptions (Learny Pro) are processed exclusively through the Apple App Store. Contract formation occurs according to Apple's Terms of Service.

4.4 How to subscribe to Learny Pro:

  1. Open the Learny App
  2. Navigate to "Settings" → "Learny Pro"
  3. Choose between monthly or annual subscription
  4. Confirm the purchase with your Apple ID (Face ID, Touch ID, or password)
  5. Payment will be processed through your payment method on file with Apple

5. Usage Rights

5.1 By downloading the App, users receive a simple, non-transferable, and non-exclusive right to use the App personally on their own devices.

5.2 Learning content created by users remains their intellectual property. However, users grant the Provider the right to process and store this content for providing the App's features.

5.3 AI-generated content is created using third-party services. All AI-generated content is labeled with 'AI Generated' in the app. The usage rights for this content are governed by the respective license terms of the AI services used.

5.4 The Provider assumes no liability for the accuracy, completeness, or suitability of AI-generated content. This content serves exclusively as a learning aid and does not replace independent verification and assessment by the user. The user is solely responsible for checking the correctness and appropriateness of AI-generated content before using it for learning or other purposes.

5.5 The Provider expressly assumes no liability for illegal, offensive, discriminatory, or otherwise inadmissible content that may be generated by artificial intelligence. Should users identify such content, they are obligated not to use it and to report it immediately through the app. The Provider reserves the right to restrict or block access to the app or certain functions in case of misuse or creation of illegal content.

6. User Obligations

6.1 Users agree to use the App only for lawful purposes.

6.2 In particular, users are prohibited from:

  • Using the App for commercial purposes without express permission
  • Uploading malware or harmful content
  • Decompiling, reverse engineering, or modifying the App
  • Circumventing the App's security mechanisms
  • Infringing the rights of third parties

6.3 Users are responsible for backing up their own data.

7. Prices and Payment

7.1 The use of the basic version of the App is free of charge.

7.2 Prices for the Pro version are displayed in the App and include applicable VAT.

7.3 Payment is made through the payment methods of the Apple App Store. Their payment terms apply.

7.4 The free trial or subscription can be cancelled at any time during the trial period to avoid being charged. During the 7-day trial period, cancellation can be made at any time without incurring charges. Cancellation during the trial period prevents automatic conversion to a paid subscription. If cancelled during the trial period, Learny Pro can continue to be used until the end of the 7-day trial period, after which the account will revert to the free basic version.

7.5 Paid subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period.

7.6 How to cancel a Learny Pro subscription:

On iPhone/iPad:

  1. Open "Settings" on the device
  2. Tap the user name (Apple ID)
  3. Select "Subscriptions"
  4. Select "Learny Pro"
  5. Tap "Cancel Subscription"

Alternatively via the App Store:

  1. Open the App Store
  2. Tap the profile picture
  3. Select "Subscriptions"
  4. Select "Learny Pro" and then "Cancel Subscription"

7.7 After cancellation, Learny Pro can continue to be used until the end of the paid period. After that, the account will automatically revert to the free basic version.

7.8 The subscription can be cancelled at any time during the subscription period. Refunds for the remaining period are not possible according to Store policies.

8. Right of Withdrawal

8.1 Consumers have a statutory right of withdrawal. Please refer to the withdrawal instructions of the Apple App Store for details.

8.2 The right of withdrawal expires prematurely for digital content if users have expressly agreed that the performance of the contract begins before the expiry of the withdrawal period.

9. Warranty and Liability

9.1 Statutory warranty rights apply.

9.2 The Provider is liable without limitation for intent and gross negligence and in accordance with the Product Liability Act.

9.3 For slight negligence, the Provider is only liable for breach of an essential contractual obligation (cardinal obligation), the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the user may regularly rely.

9.4 Liability for slight negligence is limited in amount to the foreseeable, contract-typical damages at the time of contract conclusion.

9.5 The above limitations of liability do not apply to damages resulting from injury to life, body, or health.

9.6 The Provider is only liable for the loss of data to the extent that the user has backed up their data at reasonable intervals.

10. Data Protection

10.1 The Provider processes personal data in accordance with the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG).

10.2 Details on data processing are regulated in the separate privacy policy, which can be accessed at learny.page/en/privacy/.

11. Changes to the Terms

11.1 The Provider reserves the right to change these Terms at any time.

11.2 Users will be notified of changes in the App or by email. The changes are considered approved if no objection is made within four weeks of notification and the App continues to be used.

12. Contract Duration and Termination

12.1 The user agreement for the free basic version runs indefinitely and can be terminated by either party at any time.

12.2 The duration of Learny Pro subscriptions:

  • Monthly subscription: Renews automatically every month
  • Annual subscription: Renews automatically every year

Cancellation must be made at least 24 hours before automatic renewal via the Store settings (see Section 7.5).

12.3 The right to extraordinary termination for good cause remains unaffected.

12.4 After termination of the contractual relationship, user data will be deleted in accordance with data protection regulations.

13. Final Provisions

13.1 The law of the Republic of Austria applies, excluding the UN Convention on Contracts for the International Sale of Goods.

13.2 If the user is a consumer, the mandatory consumer protection provisions of the state in which they have their habitual residence apply.

13.3 The place of jurisdiction for all disputes arising from this contract is, to the extent permitted by law, Klagenfurt.

13.4 Should individual provisions of these Terms be or become invalid, this does not affect the validity of the remaining provisions.

13.5 The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr