Terms of Service

These terms of service ("Terms") govern your use of the LearnForge platform ("Service"), operated by Florian Fritz, Meidlinger Hauptstrasse 87, Wien ("Operator").

Email: office@learnforge.eu

VAT-exempt pursuant to § 6 (1) Z 27 UStG (Kleinunternehmerregelung).

LearnForge is a spaced repetition learning platform. It provides tools for creating, organizing, and reviewing flashcards using scientifically optimized scheduling algorithms.

No specific availability (SLA) is guaranteed. Planned maintenance will be announced in advance where possible.

The contract is formed by creating an account and actively consenting to these Terms. A valid email address is required for registration.

Users must be at least 14 years old.

These Terms are made available to the user in a storable format before contract formation.

After registration, users receive a free trial period of 30 days with full functionality. No payment is required during the trial period.

The trial period ends automatically after 30 days. There is no automatic conversion to a paid subscription. The user must actively subscribe through the account settings.

After the trial period expires without a subscription, the account remains active but access to learning features is restricted. Existing data is preserved and can still be exported.

The subscription is available as a monthly plan (EUR 4.99 per month) or an annual plan (EUR 48.00 per year, equivalent to EUR 4.00 per month). All prices include all taxes (VAT-exempt under Kleinunternehmerregelung). Billing is processed through the payment provider Stripe.

The subscription renews automatically at the end of each billing period (monthly or annually) unless cancelled before renewal.

The Operator will notify the user by email in due time before the end of the billing period about the upcoming automatic renewal and the option to cancel.

In case of payment default, the user will be notified by email. If payment remains outstanding after a 14-day grace period, the Operator may suspend access to the Service.

Withdrawal Instructions

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the date of contract conclusion (completion of the paid subscription).

To exercise your right of withdrawal, you must inform us (Florian Fritz, Meidlinger Hauptstrasse 87, Wien, office@learnforge.eu) of your decision to withdraw by means of a clear statement (e.g. email). To meet the withdrawal deadline, it is sufficient to send the notification before the withdrawal period expires.

Consequences of withdrawal: If you withdraw from this contract, the Operator shall reimburse all payments received from you without undue delay and no later than 14 days from the day on which the notification of withdrawal was received. The same means of payment used for the original transaction will be used for the reimbursement.

Early expiry: If you have expressly consented to the performance of the Service beginning before the withdrawal period expires and have acknowledged that you thereby lose your right of withdrawal upon complete performance of the contract, the right of withdrawal expires upon commencement of the service.

Termination by User: You may cancel your subscription at any time effective at the end of the current billing period. Cancellation can be made through the account settings (Stripe customer portal) or by email to office@learnforge.eu. After cancellation, the Service remains accessible until the end of the paid period. Fees already paid for the current period are not refunded, unless the statutory right of withdrawal (Section 6) applies.

Termination by Operator: The Operator may terminate the contract for cause with immediate effect, in particular in the event of:

• Violation of these Terms
• Unlawful use of the Service
• Payment default despite reminder

If the Operator terminates the contract without fault on the part of the user, fees already paid for the unused period will be refunded on a pro-rata basis.

Should the Operator permanently discontinue the Service, users will be notified at least 60 days in advance by email.

In the event of discontinuation, the Operator will refund fees already paid for the unused period on a pro-rata basis.

Before final discontinuation, the Operator will provide an export function for all user data (see Section 9).

Users can download their data (topics, flashcards, reviews, statistics) at any time via the export function in JSON format. The export format is documented and enables transfer of data to other services.

After cancellation or service discontinuation, the export function remains available for 30 days. After this period, all user data will be permanently and irreversibly deleted.

This does not apply to data that must be retained due to legal obligations (e.g. § 132 BAO — tax-relevant records). Such data will be deleted after the statutory retention period expires.

Statutory warranty rights under the Verbrauchergewährleistungsgesetz (VGG) apply. The Service must conform to contractual and objective requirements.

In the event of defects, the user is entitled to restoration of conformity. If this is not possible or unreasonable, the user is entitled to a price reduction or contract termination.

The Service is under active development. Features and user interface may change. Such developments do not constitute defects as long as the core functionality (creating, organizing, and reviewing flashcards) is preserved. Changes that materially impair the contractual use will be announced at least 30 days in advance. The user has a special right of termination in such cases.

1. In cases of slight negligence, the Operator is only liable for breaches of essential contractual obligations (obligations whose fulfillment is a prerequisite for the proper performance of the contract). In such cases, liability is limited to the foreseeable, contract-typical damage, up to a maximum of EUR 59.88 (equivalent to one year of the monthly subscription).
2. The Operator is not liable for consequential damages, lost profits, or lost data insofar as these are attributable to slight negligence.
3. The Operator performs regular data backups. In addition, the user can use the export function at any time (see Section 9). The Operator is liable for data loss within the scope of the preceding paragraphs.
4. Liability under the Produkthaftungsgesetz (Product Liability Act) and claims for damages under Art. 82 GDPR remain unaffected.

The Operator implements appropriate technical and organizational measures in accordance with the state of the art to ensure the security of user data (Art. 32 GDPR).

Absolute security against all conceivable attacks cannot be guaranteed. The Operator undertakes to promptly address known security vulnerabilities.

In the event of a data breach, the Operator will notify affected users and the competent supervisory authority in accordance with Art. 33 and 34 GDPR.

The user is responsible for the security of their login credentials (password).

The user agrees to:

• not use the Service for unlawful purposes
• not upload content that is illegal, harmful, or infringes on third-party rights
• keep their login credentials confidential and not share them with third parties
• use each account for the personal use of a single individual only

The user retains full ownership of all content they create (flashcards, topics, notes). The Operator receives only the usage rights necessary to provide the Service (storage, processing, display).

The user receives a non-exclusive, non-transferable right to use the platform for the duration of the contract within the scope of intended use.

The source code of the LearnForge platform is publicly available under the GNU Affero General Public License v3.0 (AGPL-3.0).

The Operator may change prices for future billing periods. Price changes will be communicated to the user by email at least 30 days before the start of the next billing period.

If the user does not agree with the price change, they may cancel the subscription before the start of the new billing period. The cancellation takes effect at the end of the current (already paid) period.

The Operator processes personal data in accordance with the separate Privacy Policy. This is part of the contractual offer and is made available to the user before registration.

The Operator may change these Terms with a notice period of at least 30 days. Changes will be communicated by email to the registered address and clearly described.

For material changes, the user will be prompted to actively consent upon their next login. If the user does not consent, the previous Terms remain in effect until the end of the current billing period. The user has a special right of termination in this case. Fees already paid will be refunded on a pro-rata basis.

Editorial or clarifying changes that do not materially affect the rights and obligations of the user do not require separate notice.

The European Commission provides a platform for online dispute resolution (ODR):

https://ec.europa.eu/consumers/odr

The Operator is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

These Terms are governed by Austrian law. For consumers residing in the EU, the mandatory provisions of the consumer protection law of their country of residence apply insofar as they are more favorable.

Jurisdiction is determined by statutory provisions. Consumers may bring claims at their general place of jurisdiction.

Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall not be affected.

The current version of these Terms applies.