Terms and Conditions for Learny

Last updated: July 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
Phone: +436642617817
Email: emanuel@schmacher.net
Website: https://learny.page
App Support: support@learny.page
(hereinafter "Provider")

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

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 exclusively intended for persons who have reached the age of 18. Use by minors is not permitted.

3.2 By registering and using the App, you confirm that you are of legal age and have the legal capacity to accept these Terms and enter into binding contracts.

3.3 The Provider reserves the right to request suitable proof of age if there are reasonable doubts about a user's age. If such proof is not provided or if it is determined that the user is a minor, the user account will be immediately blocked and deleted.

3.4 The age restriction serves to protect minors and ensure compliance with legal requirements, particularly with regard to data protection, in-app purchases, and the use of AI technologies.

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, you receive a simple, non-transferable, and non-exclusive right to use the App personally on your own devices.

5.2 The learning content you create remains your intellectual property. However, you 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. 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 You agree to use the App only for lawful purposes.

6.2 In particular, you 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 You are responsible for backing up your 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 You can cancel your free trial or subscription at any time during the trial period to avoid being charged. If you cancel during the trial period, you can continue using Learny Pro until the end of the 7-day trial period, after which your 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 your Learny Pro subscription:

On iPhone/iPad:

  1. Open "Settings" on your device
  2. Tap your 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 your profile picture
  3. Select "Subscriptions"
  4. Select "Learny Pro" and then "Cancel Subscription"

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

7.8 You can cancel your subscription 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 you 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 You will be notified of changes in the App or by email. The changes are considered approved if you do not object within four weeks of notification and continue to use the App.

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, your 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