Termeni și Condiții

Last updated: 6 November 2026 · Version 2026-11

§ 1 Scope and provider

(1) These terms apply to the use of the “Learny” app for iPhone, iPad, Mac (including CarPlay) and Android, and to the website learny.page.

(2) The provider and your contracting partner for the use of Learny is:
Emanuel Schmacher e.U., Sielach 76, 9133 Sittersdorf, Austria
Commercial register no. FN 460204x, Regional Court of Klagenfurt · VAT ID ATU62078959
E-mail: support@learny.page · Phone: +43 664 2617817
(“we”).

(3) Purchase and payment of Learny Pro take place exclusively through Apple’s App Store or Google Play (§ 5). Apple’s or Google’s terms apply in addition. The licence for the app from the App Store is governed by Apple’s Standard End User License Agreement (apple.com/legal/internet-services/itunes/dev/stdeula/). These terms additionally govern our own services – server functions, AI features, Learny Pro and the website – and the relationship between you and us; wherever the Standard EULA does not address a matter, these terms apply.

(4) Some rules apply only to consumers. You are a consumer if you use Learny mainly for private purposes and not for a business. Mandatory consumer rights are not restricted by these terms.

§ 2 What Learny offers

(1) Learny is a learning app. You can create and study flashcards, categories and courses, take quizzes, print vocabulary tests and track your progress. In addition there are AI features – for example creating cards and courses, worksheets, “Solve problems”, “Check errors”, summaries, conversations, podcasts and audio guides – as well as read-aloud with synthetic voices and synchronisation via iCloud (Apple devices) or your Google account (Android).

(2) Free: You can use all learning content and learning features free of charge without limit. You can use the AI features 3 times for free and AI conversations 3 times as well (per device).

(3) Learny Pro: With a subscription you use the AI features without a fixed quota, within fair use (§ 7).

(4) Learning also works offline. AI features, the cloud voice, purchase verification and synchronisation need an internet connection. The devices and operating-system versions Learny supports are listed in the respective store.

(5) Learny is a tool for independent learning. It is not intended for assessment, grading, admission, placement or exam supervision by schools or other educational institutions, and it replaces neither teaching nor professional advice (for example on medicine or law).

(6) Reward videos and pre-installed sample content are voluntary extras; their scope may change.

§ 3 Conclusion of contract and user account

(1) The contract for free use is concluded when you install and use Learny. We point you to these terms in the app (Settings → Terms of Service and before you buy Learny Pro) and on learny.page, where you can read, save and print them at any time.

(2) For server functions the app automatically creates an anonymous account (without name or e-mail address). On Android you can additionally sign in with your Google account, voluntarily, to synchronise your learning content. You must protect your Apple or Google credentials yourself.

(3) You buy Learny Pro in the store (§ 5). The use of Learny Pro is governed by these terms.

§ 4 Children and young people

(1) Learny is intended for young people aged 13 and over and for adults. Younger children use Learny only with the consent and guidance of their parents or a teacher. We do not ask for your age.

(2) Minors may take out a subscription only with their parents’ consent. Parents can have purchases approved through Apple Family Sharing (“Ask to Buy”) or Google Family Link.

(3) Parents can switch off the AI features (“Use AI features”) and the reward videos in the settings. For access or deletion requests they can contact support@learny.page at any time (subject “Child protection”).

§ 5 Learny Pro: prices, free trial, renewal and cancellation

(1) Learny Pro is available as a monthly or an annual subscription. You see the prices in the store before you buy. They are final prices including the VAT of your country; they may differ by country and store. (Currently in Austria and Germany: €4.99 per month or €29.99 per year. The price shown to you in the store is decisive.)

(2) Purchase and payment take place exclusively through Apple (in the EU: Apple Distribution International Ltd., Ireland) or Google Play (Google Commerce Limited, Ireland, which acts as our agent and merchant for the purchase). Apple or Google handle payment, invoicing, price changes and refunds; we ourselves cannot accept payments.

(3) Free trial: If the store offers it to you, you can try Learny Pro free of charge first (currently 3 days, only with your first subscription). The trial is available only once per Apple Account or Google account. If you do not cancel in time before it ends, the paid subscription starts automatically at the price shown.

(4) Renewal: The subscription renews automatically for the chosen period (one month or one year) unless you cancel in time. With Apple, cancellation must take place at least 24 hours before the end of the current period; with Google Play, before the renewal date.

(5) Cancellation: at any time, effective at the end of the paid period; until then you can continue to use Pro.

• iPhone, iPad: Settings → your name → Subscriptions → Learny (or in Learny: Settings → “Manage subscription”).
• Mac: App Store → your account → Account Settings → Subscriptions.
• Android: Google Play → profile picture → Payments & subscriptions → Subscriptions → Learny → Cancel.

Deleting the app or your account does not cancel the subscription.

(6) Scope: A subscription applies on the platform where you took it out: with Apple on your Apple devices with the same Apple ID (also via Family Sharing), with Google Play on your Android devices with the same Google account. A subscription bought from Apple does not unlock Pro on Android, and vice versa.

§ 6 Right of withdrawal

(1) As a consumer you have the statutory right of withdrawal when you buy Learny Pro. The following instructions apply.

Instructions on withdrawal

Right of withdrawal. You have the right to withdraw from the contract for Learny Pro within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded, i.e. from the purchase in the store. To exercise the right of withdrawal, you must inform us (Emanuel Schmacher e.U., Sielach 76, 9133 Sittersdorf, Austria, e-mail support@learny.page) or the store through which you bought (Apple, or Google Commerce Limited as our agent) of your decision to withdraw from the contract by an unequivocal statement (for example by e-mail or through the store’s refund function). You may use the model withdrawal form below, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal. If you withdraw from the contract, all payments you have made for Learny Pro will be reimbursed to you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw. The reimbursement is made using the same means of payment that you used for the purchase – by Apple or Google, who manage your payment; in any event, you will not incur any fees as a result of the reimbursement. If you requested that Learny Pro begin during the withdrawal period (this is the case for purchases in the store, because Pro is unlocked immediately), you shall pay us an amount which is in proportion to what has been provided until you have communicated your withdrawal, in comparison with the full coverage of the contract.

Model withdrawal form (Complete and return this form only if you wish to withdraw from the contract.)

• To: Emanuel Schmacher e.U., Sielach 76, 9133 Sittersdorf, Austria, support@learny.page
• I hereby give notice that I withdraw from my contract for Learny Pro (monthly or annual subscription).
• Ordered on: … · Store (Apple or Google Play): … · Name: … · Address or e-mail address: …
• Date: … (signature only if this form is notified on paper)

(2) The fastest way: Because Apple or Google manage your payment, a refund is quickest directly there:

• Apple: reportaproblem.apple.com or via Apple Support,
• Google Play: in the order history of your Google account (play.google.com → Order history → Learny → “Report a problem” or “Request a refund”) or via Google Play support.

If the store provides a withdrawal function (“Withdraw from contract”), you can use that too. If you write to us, we take care of the refund through the store or refund you ourselves.

(3) These terms do not restrict your statutory rights. If the store does not help, write to us at support@learny.page.

§ 7 Fair use (“unlimited”)

(1) “Unlimited” or “without quota” means for Learny Pro: there is no fixed number of AI uses. Unlimited within fair use.

(2) To protect against abuse and keep Learny reliable for everyone, technical limits per account and day apply that are not reached in ordinary use. Currently these include 2,000 speech outputs or 400,000 characters read aloud per day. In addition, our AI provider limits the number of requests per period; under heavy load there may be short waits. When a limit is reached, the feature is available again the next day.

(3) Not permitted: automated bulk requests (for example via scripts or bots), passing your access on to others, reselling AI results as a service to third parties, and any use that overloads our systems.

§ 8 AI features

(1) Providers: For the AI features Learny uses language models from Google (Gemini, via Google Cloud; processing may take place worldwide) and, on suitable Apple devices, Apple Intelligence directly on the device. Details are in the privacy policy.

(2) Your choice: Before the first use of AI the app shows a notice; AI is used only once you tap “Use AI”. You can switch off the AI features at any time in the settings. All learning features also work without AI.

(3) Limits of AI: AI content is generated automatically and not reviewed by humans. It may be wrong, incomplete, outdated or inappropriate. AI can make mistakes. Check important content before you rely on it, for example before exams using your own materials or with your teacher. Your statutory rights remain unaffected.

(4) Transparency: In conversation mode Learny tells you at the start of each session that you are talking to an AI. A tutor with a name (for example “Sophie”) is an AI too. Learny labels AI-generated content in the app (“Created with AI”); exported PDFs and audio files carry a visible notice and machine-readable information: metadata and, where an internet connection is available at export, a provenance manifest with timestamp digitally signed by Learny under the open C2PA standard (“Content Credentials”). How to check the labels is explained at learny.page/en/ai-labelling/. The voices for read-aloud, podcasts and audio guides are synthetic.

(5) Do not remove labels: When you pass on or publish content created with Learny, you must not remove, hide or falsify the AI label and the associated metadata – including the Content Credentials (C2PA manifest and signature) – nor deliberately eliminate them by converting or re-saving.

(6) Safety filters: Inputs and outputs pass through automatic safety filters. If a filter blocks a request, the app shows a notice; the request then does not count towards the free quota. There is no entitlement to a particular AI result.

(7) Rights to AI results: We claim no rights to the AI results you create with Learny. You may use them for learning. AI results are often not protected by copyright and may resemble content of others. If you publish or share them, make sure yourself that you do not infringe third-party rights.

(8) Reporting: You can report inappropriate, wrong or dangerous AI content directly on the content in the Android app (“Report”); on iPhone, iPad and Mac by e-mail to support@learny.page. The app then offers to delete the content. We may use reports to improve filters and instructions; there is no individual handling or reply.

§ 9 Your content and uploads

(1) Your content (cards, texts, photos, documents, voice recordings) remains yours. You grant us a non-exclusive, free right to store, transfer, have processed by our service providers (for example for AI and speech output) and synchronise it – exclusively to provide you with the features you use. The right ends when you delete the content, unless we are legally required to retain it.

(2) Upload only content you are allowed to use. You may use individual pages or excerpts from your school books and materials for your own learning (reproduction for private use, § 42 Austrian Copyright Act; in Germany § 53 UrhG). Copying whole books, or passing on or publishing courses and cards containing third-party copyrighted texts (for example from school books) without permission, is not allowed. For teachers the statutory exceptions for teaching apply in addition (§ 42 (6) Austrian Copyright Act; in Germany § 60a UrhG).

(3) Do not photograph or upload other people without their consent, and do not enter sensitive data about yourself or others (for example on health or religion).

(4) You are responsible for your content.

§ 10 Prohibited use

(1) You must not use Learny, in particular the AI features, to

• create or distribute unlawful content,
• generate sexual or pornographic, violence-glorifying, hateful, discriminatory or harassing content,
• promote self-harm or obtain instructions for weapons, drugs or other dangerous activities,
• endanger minors in any way or depict them sexually,
• deceive others, for example by impersonating another person, spreading false information or presenting AI content as purely your own human work where that is not permitted (for example in exams where AI is prohibited),
• circumvent safety filters, deliberately steer the AI to prohibited outputs or extract its instructions,
• attack Learny technically, circumvent the integrity check, modify the app or, unless permitted by law, reverse-engineer it.

(2) In addition, the usage policies of our AI providers apply: Google’s Generative AI Prohibited Use Policy (policies.google.com/terms/generative-ai/use-policy) and Apple’s Acceptable Use Requirements for the Foundation Models Framework (developer.apple.com/apple-intelligence/acceptable-use-requirements-for-the-foundation-models-framework/).

(3) Reward videos: The videos are provided by YouTube. When you play a video, YouTube’s Terms of Service (youtube.com/t/terms) and Google’s Privacy Policy (policies.google.com/privacy) apply.

§ 11 Availability, updates and changes to the app

(1) We strive to provide Learny as free of interruptions as possible. AI features, the cloud voice and synchronisation depend on third-party services (Google, Apple) and may be temporarily restricted, for example during maintenance or outages.

(2) We provide you with the updates needed to keep Learny in conformity with the contract, including security updates (§ 7 Austrian VGG, § 327f German BGB). If you do not install them, functionality may be affected.

(3) Beyond that, we may change Learny where there is a valid reason, such as technical developments, changed legal requirements, security, new features or the change or discontinuation of a service by a provider (for example an AI model). The change costs you nothing, and we inform you clearly in advance.

(4) If a change affects your access to or use of Learny Pro more than insignificantly, we inform you in good time beforehand on a durable medium (for example by a saveable in-app message or by e-mail if we have your address). You can then end the subscription free of charge within 30 days after the information or after the change; amounts already paid for the remaining term are refunded to you proportionately (§ 27 Austrian VGG, § 327r German BGB). This also applies if the AI features have to be dropped entirely. For purchases through Google Play we initiate the refund ourselves; for purchases through Apple you request it from Apple (reportaproblem.apple.com) – if Apple does not refund, we refund the amount ourselves, for example by bank transfer.

§ 12 Termination and suspension

(1) You can end free use at any time by deleting the app; you delete your server data in the app (iPhone, iPad, Mac: “Delete server data”; Android: “Delete account and cloud data”) or by e-mail. You cancel a Pro subscription in the store (§ 5).

(2) We can end free use with two months’ notice, for example if we discontinue Learny. The right of both sides to terminate without notice for good cause remains unaffected.

(3) If you seriously breach § 7 (3) or § 10, we may, after a prior warning, suspend access to server functions (for example the AI features); without a warning only if a warning is unreasonable because of the severity of the breach. We will tell you the reasons. For the duration of a justified suspension for which you are responsible there is no refund; you cancel a running subscription yourself in the store (§ 5 (5)). If a suspension proves unjustified, we refund you proportionately for the period.

§ 13 Warranty

(1) The statutory warranty rights apply: in Austria under the Consumer Warranty Act (VGG), in Germany under §§ 327 ff. BGB, otherwise under the law of your country of residence to the extent it is mandatory.

(2) We provide Learny continuously. For defects that occur during provision we are therefore liable throughout the entire period of provision (§ 18 VGG, § 327e BGB). You can first demand that we restore conformity; if that fails, you can reduce the price or terminate the contract (§§ 20 to 23 VGG, § 327i BGB).

(3) Depending on the store, Apple or Google acts as seller or merchant when you buy Learny Pro. Regardless of that, we stand behind Learny Pro: you can always report defects to us and assert the rights under paragraph 2 against us. Your claims against Apple or Google remain unaffected.

(4) Please report defects to support@learny.page. We usually reply within three working days.

(5) That AI results may contain errors is inherent in the technology and is explained to you before the first use of AI (§ 8 (3)). Whether an individual faulty AI result constitutes a defect is determined by law; your statutory rights remain unaffected.

§ 14 Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and within the scope of a guarantee we have given.

(2) For slight negligence we are liable only for the breach of essential contractual obligations, and then limited to the foreseeable damage typical for the contract at the time of its conclusion. Essential contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely.

(3) For slight negligence, liability for loss of data is limited to the effort that would have been necessary to restore it from usual backups (such as iCloud, synchronisation or export).

(4) These rules also apply to our vicarious agents. Your warranty rights (§ 13) remain unaffected.

§ 15 Safety notice for use in the car (CarPlay)

Use Learny in the car only in a way that does not distract you from traffic, and obey the traffic rules. Do not operate the app by hand while driving where that is not permitted; use voice control. Our liability under § 14 remains unaffected.

§ 16 Rights to Learny, trademarks and licences

(1) The app, its design, its texts and the pre-installed content are protected. For the duration of the contract we grant you a non-exclusive, non-transferable right to use Learny for your own learning – the Pro features for the duration of your subscription. Teachers may use Learny in their own lessons.

(2) Learny contains open-source software; you find the licences in the app under “Open-source licences”. Map data in the Android app: © OpenStreetMap contributors (ODbL).

(3) Learny® is a trademark registered in Austria (reg. no. 334724) by Emanuel Schmacher. Apple, iPhone, iPad, Mac, CarPlay, Apple Intelligence and App Store are trademarks of Apple Inc. Google Play, Android, Gemini and YouTube are trademarks of Google LLC.

§ 17 Data protection

How we process personal data is explained in the privacy policy (learny.page/en/privacy/). By accepting these terms you do not give any consent under data protection law.

§ 18 Point of contact and reporting of illegal content

(1) Our single point of contact for users and for authorities under Articles 11 and 12 of the Digital Services Act is support@learny.page (German or English).

(2) You can report illegal content to us by e-mail to support@learny.page. Please give reasons for the report and describe where the content is located. The easiest way to report AI content in the Android app is directly on the content (§ 8 (8)).

(3) Learny does not publish content of its users. If we become aware of illegal content that you store through Learny (for example in synchronisation), we may block or delete it; we then inform you with reasons. As a micro-enterprise we do not publish transparency reports (Article 15 (2) DSA).

§ 19 Changes to these terms

(1) We change these terms only with your consent. We notify you of planned changes in the app at least six weeks before they take effect (and by e-mail if we have your address), with a comparison of the changed passages.

(2) The changes apply only once you actively agree to them, for example by tapping “Agree” in the app. Silence, merely continuing to use the app or closing the notice do not count as consent.

(3) If you do not agree, the previous terms continue to apply. If adhering to them is unreasonable for us, for example because a new legal requirement or a provider’s change makes the previous service impossible, we may end free use with two months’ notice and a Pro subscription at the end of the paid period; this causes you no costs.

(4) Changes to the app itself are governed by § 11, price changes by the procedures of Apple or Google (where provided, your consent is required there). Changes that are exclusively to your advantage or only concern wording are notified to you; they do not require consent.

§ 20 Dispute resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. If you have a problem, please contact support@learny.page directly – we will gladly look for a solution together.

§ 21 Applicable law and jurisdiction

(1) Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-laws rules of private international law. If you are a consumer, this choice of law applies only insofar as it does not deprive you of the protection of the mandatory provisions of the state in which you have your habitual residence.

(2) For consumers the statutory places of jurisdiction apply. For actions against consumers domiciled or habitually resident in Austria, the court at that place has jurisdiction (§ 14 Austrian Consumer Protection Act). For businesses, the place of jurisdiction is the competent court in Klagenfurt and the place of performance is Sittersdorf.

§ 22 Final provisions

(1) If a provision of these terms is invalid, the remaining provisions remain valid. The statutory rule takes the place of the invalid provision.

(2) These terms exist in German and English; both versions rank equally. Versions in other languages are translations for better understanding; in case of discrepancies the English version applies, unless mandatory consumer law provides otherwise.

(3) You can access, save and print these terms at learny.page.

Last updated: 6 November 2026