Ask Dan Terms of Service

Last Updated: 12 February 2026

Effective Date: February 12, 2026

1. About These Terms

These Terms of Service ("Terms") govern your access to and use of the Ask Dan application ("App"), operated by Dan Murtagh ABN 48 815 594 360 ("we," "us," "our," or "Ask Dan"). By downloading, installing, or using the App, you agree to be bound by these Terms.

If you do not agree to these Terms, do not use the App.

These Terms should be read together with our Privacy Policy and AI Disclosure, which are incorporated by reference.

2. Eligibility

You must be at least 13 years of age to use Ask Dan. If you are under 18, you represent that you have the consent of a parent or legal guardian to use the App. We reserve the right to request verification of age or parental consent at any time.

3. Account Registration

To access the full features of Ask Dan, you must create an account using Apple Sign In. You agree to:

Provide accurate information during registration
Maintain the security of your account credentials
Not share your account with others or allow multiple users to access a single subscription
Notify us immediately if you become aware of any unauthorised use of your account

You are responsible for all activity that occurs under your account.

4. Subscription and Payment

4.1 Subscription Plans

Ask Dan is available on a subscription basis:

Monthly: $12.99 AUD per month
Annual: $99.99 AUD per year

Prices are in Australian dollars and include GST where applicable. Prices are subject to change with reasonable notice.

4.2 Billing

All subscriptions are processed through the Apple App Store. Payment is charged to your Apple ID account at confirmation of purchase. By subscribing, you agree to Apple's terms of service for in-app purchases and subscriptions.

4.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the end of the current period. You can manage your subscription and turn off auto-renewal in your Apple ID account settings.

4.4 Refunds

Refund requests are handled by Apple in accordance with their refund policy. We do not process refunds directly. If you believe you are entitled to a refund, please contact Apple Support.

4.5 Free Trial

If we offer a free trial period, it will convert to a paid subscription at the end of the trial unless you cancel before the trial expires. Free trial eligibility is determined by Apple and is typically limited to one trial per Apple ID.

5. The Ask Dan AI Tutor

5.1 What Ask Dan Is

Ask Dan is an AI-powered educational tutor part of Ask Dan. It uses artificial intelligence (specifically, the Claude API by Anthropic) to answer questions about audio engineering, mixing, mastering, and related topics. Ask Dan draws on a curated knowledge base of audio engineering expertise created by Dan Murtagh.

5.2 What Ask Dan Is Not

Ask Dan is an educational tool. It is not a substitute for professional audio engineering services, formal education, or human mentorship. Specifically:

Ask Dan does not provide professional advice and should not be relied upon as such
Responses are generated by AI and may contain inaccuracies, errors, or omissions
Ask Dan may occasionally generate plausible-sounding but incorrect information ("hallucinations")
The AI's knowledge is limited to its training data and the curated knowledge base; it may not reflect the most current industry developments
Ask Dan is not a human and does not have the judgement, experience, or contextual awareness of a human tutor

5.3 AI Processing

When you submit a question to Ask Dan, your question text is transmitted to Anthropic's servers for AI inference processing. Your question is combined with relevant knowledge base context to generate a response. We do not transmit your personal account information (email address, Apple ID) to Anthropic. For more information about how your data is processed, please see our Privacy Policy and AI Disclosure.

5.4 Limitations

We do not warrant or guarantee the accuracy, completeness, or suitability of any response generated by Ask Dan. You acknowledge and agree that:

You use Ask Dan at your own risk
You are responsible for evaluating the accuracy and usefulness of any response
You should not rely solely on Ask Dan for critical professional decisions
The quality of responses may vary depending on how questions are framed

6. Acceptable Use

6.1 Permitted Use

You may use Ask Dan for personal, non-commercial educational purposes related to audio engineering and music production. This includes ear training exercises, asking questions about audio concepts, and tracking your learning progress.

6.2 Prohibited Conduct

You agree not to:

Scrape or extract: Attempt to extract, reverse-engineer, copy, or systematically download the Ask Dan knowledge base, exercise content, or any other proprietary content
Automate: Use bots, scripts, crawlers, or other automated tools to interact with Ask Dan or the App
Share accounts: Share your account credentials or allow others to access your subscription
Compete: Use content from Ask Dan to develop competing products, services, or educational materials
Abuse the AI: Submit harmful, abusive, threatening, defamatory, or illegal content through Ask Dan, or attempt to manipulate Ask Dan into generating content outside its intended scope (including prompt injection or jailbreaking attempts)
Circumvent: Attempt to bypass, disable, or circumvent any security, access control, or technical protection measures in the App
Redistribute: Copy, distribute, publicly display, or create derivative works from Ask Dan content, exercise audio, or AI responses for commercial purposes
Impersonate: Misrepresent your identity or affiliation when using the App
Interfere: Take any action that imposes an unreasonable load on our infrastructure or interferes with the proper functioning of the App

6.3 Enforcement

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this section. Actions may include:

Warning and request to cease the prohibited conduct
Temporary suspension of your account
Permanent termination of your account without refund
Referral to law enforcement if illegal activity is suspected

7. Intellectual Property

7.1 Our Intellectual Property

Ask Dan, including all application code, user interface design, audio exercise content, the Ask Dan knowledge base, branding, logos, trade marks, and all other materials available through the App, are the intellectual property of Dan Murtagh and are protected by Australian and international copyright, trade mark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the App for your personal, non-commercial educational purposes in accordance with these Terms. This licence does not include any right to:

Modify, adapt, or create derivative works from the App or its content
Reproduce, distribute, or publicly display any part of the App
Use any data mining, robots, or similar data gathering or extraction methods
Sublicense, sell, or transfer any rights granted under these Terms

7.2 Your Content

You retain ownership of any original content you submit through the App, such as questions posed to Ask Dan. By submitting content, you grant us a non-exclusive, worldwide, royalty-free licence to use, process, and store that content for the purposes of:

Generating AI responses to your questions
Improving the quality and accuracy of the Ask Dan service
Maintaining and administering your account

This licence continues for as long as your content is stored in our systems and terminates when your content is deleted in accordance with our Privacy Policy.

7.3 AI-Generated Content

Responses generated by Ask Dan are provided for your personal educational use. These responses are generated by AI based on our proprietary knowledge base and prompt engineering, and are not separately claimed as original works of authorship. You may use AI-generated responses for your personal learning but may not commercially redistribute them.

7.4 Feedback

If you provide us with suggestions, ideas, or feedback about the App ("Feedback"), you agree that we may use, modify, and incorporate such Feedback without any obligation to you, including without compensation or attribution.

8. Disclaimers

8.1 "As Is" and "As Available"

THE APP AND ALL CONTENT, FEATURES, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 No Professional Advice

Nothing in the App, including Ask Dan responses, constitutes professional audio engineering advice, and no content should be relied upon as a substitute for the exercise of your own professional judgement. Ask Dan is an educational tool only.

8.3 AI Disclaimer

Ask Dan is an AI system. AI-generated responses may be inaccurate, incomplete, outdated, or inappropriate for your specific situation. We do not guarantee the accuracy, reliability, or quality of any AI-generated content. You should independently verify any information provided by Ask Dan before relying on it in a professional context.

8.4 Third-Party Services

The App relies on third-party services including Apple (App Store, authentication, payments), Anthropic (AI processing), and Supabase (data storage). We are not responsible for the availability, performance, or policies of these third-party services.

8.5 Service Availability

We do not guarantee uninterrupted, secure, or error-free access to the App. Service may be affected by maintenance, updates, technical issues, third-party service outages, or other factors beyond our control. We reserve the right to modify, suspend, or discontinue the App or any feature with reasonable notice.

9. Limitation of Liability

9.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9.2 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3 Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict, or modify any rights you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable consumer protection legislation that cannot be excluded, restricted, or modified by agreement. If the Australian Consumer Law applies to you, and we supply goods or services to you that are not of a kind ordinarily acquired for personal, domestic, or household use, our liability for failure to comply with any consumer guarantee is limited, at our option, to:

Re-supplying the services or paying the cost of having the services re-supplied; or
Refunding the subscription fees paid for the period affected.

10. Indemnification

You agree to indemnify, defend, and hold harmless Dan Murtagh and Ask Dan from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or in any way connected with:

Your use of the App in violation of these Terms
Your violation of any applicable law or regulation
Your violation of any third party's rights
Any content you submit through the App

11. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by:

Posting the updated Terms within the App
Updating the "Last Updated" date at the top of these Terms
Where required by law, providing direct notice (e.g., via email or in-app notification)

Your continued use of the App after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree with any changes, you should stop using the App and cancel your subscription.

12. Termination

12.1 Termination by You

You may terminate your account at any time by cancelling your subscription through Apple ID settings and deleting the App. Cancellation takes effect at the end of the current billing period; no partial refunds are issued for unused time.

12.2 Termination by Us

We may suspend or terminate your account at any time if:

You breach these Terms
We are required to do so by law
We discontinue the App or any part of it

We will provide reasonable notice where possible, except in cases of serious breach or illegal activity.

12.3 Effect of Termination

Upon termination:

Your licence to use the App immediately ceases
Your access to Ask Dan and all App features is revoked
Your personal data will be handled in accordance with our Privacy Policy
Sections 7 (Intellectual Property), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), and 14 (Governing Law) survive termination

13. General Provisions

13.1 Entire Agreement

These Terms, together with the Privacy Policy and AI Disclosure, constitute the entire agreement between you and us regarding your use of the App and supersede any prior agreements.

13.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

13.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

13.5 Notices

Notices to us should be sent to: info@danmurtagh.com

Notices to you will be sent to the email address associated with your account or via in-app notification.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law provisions.

14.2 Jurisdiction

You agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia, for the resolution of any disputes arising out of or relating to these Terms.

14.3 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to contact us first and attempt to resolve the dispute informally for a period of at least 30 days.

15. Contact Us

If you have any questions about these Terms, please contact us at:

Email: info@danmurtagh.com

Website: ask.danmurtagh.com