Terms of Service

Acceptance of Terms

By downloading, installing, or using FableFrog (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legal agreement between you and DeVito Digital Solutions LLC ("we", "us", "our"), a Delaware limited liability company.

If you are under 18 (or the age of majority in your jurisdiction), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

Description of Service

FableFrog is an iOS client application for Audiobookshelf, a self-hosted audiobook server. The App connects to an Audiobookshelf server that you or a third party operate. We do not provide, host, or manage any Audiobookshelf server.

The App enables you to browse your audiobook library, stream and download audio content, track listening progress, manage bookmarks and playlists, and synchronize across devices — all through direct communication between your device and your server. Certain data — including your listening progress, bookmarks, playlists, ratings, and playback preferences — is cached locally on your device and associated with your account to support offline functionality and session continuity. See our Privacy Policy for details on what data is stored and how it is managed.

We do not intermediate, monitor, or have access to the data exchanged between your device and your server.

Free and Premium Features

FableFrog offers core functionality at no cost, including library browsing, audiobook streaming, playback controls, progress tracking, bookmarks, and real-time synchronization with your server. We will not move these core free features behind a paywall.

Additional features are available through FableFrog Premium, including: offline downloads, smart downloads, advanced listening statistics, custom themes, achievements, and custom app icons.

Premium access may be purchased as a one-time lifetime unlock or an annual subscription. Feature availability may change over time. If we make changes to feature tiers, we will provide reasonable advance notice via the App’s release notes.

Your Server Connection

You are responsible for providing and maintaining your connection to an Audiobookshelf server. This includes ensuring your server is properly configured, secured, and accessible.

If you connect to a server operated by a third party (such as a family member, organization, or hosting provider), your use of that server is governed by any agreement between you and that server operator.

We are not responsible for the availability, security, performance, or content of any Audiobookshelf server, as we do not operate or control these servers.

Purchases and Subscriptions

FableFrog Premium is available as a one-time lifetime purchase or an annual auto-renewing subscription. All purchases are processed by Apple through the App Store.

The annual subscription renews for successive one-year periods at the then-current annual price displayed in the App Store. The subscription price at the time of your initial purchase is shown on the purchase screen. Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period. To cancel, go to Settings > [your name] > Subscriptions on your device. Cancellation takes effect at the end of the current billing period.

Lifetime Premium purchasers retain access to all features included at the time of their purchase, regardless of future changes to free and premium tier composition.

We do not process payments or have access to your payment information. Refund requests should be directed to Apple, as Apple is the merchant of record for all App Store transactions.

Prices are set in the App Store and may vary by region. We reserve the right to change pricing for future purchases, but changes will not affect active subscription periods.

License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App on Apple devices that you own or control, in accordance with Apple’s App Store Terms of Service.

This license does not include the right to modify, distribute, sell, lease, or create derivative works based on the App.

Acceptable Use

You agree not to:

• Use the App for any purpose that violates applicable law

• Redistribute, sublicense, or make the App available to third parties as a standalone product

• Reverse engineer, decompile, or disassemble the App, except to the extent permitted by applicable law

Intellectual Property

The App, including its code, design, graphics, and the FableFrog name and logo, is owned by DeVito Digital Solutions LLC and protected by intellectual property laws. All rights not expressly granted in these Terms are reserved.

Audiobookshelf is a separate open-source project not affiliated with us. Your audiobooks, library data, and server content belong to you or their respective rights holders.

Third-Party Services

The App interacts with third-party services including your Audiobookshelf server, Apple services, and optionally Audible (for book metadata), GitHub (for server version checks), and your identity provider (if using OIDC authentication).

Your use of third-party services is governed by their respective terms and policies. We are not responsible for the content, availability, privacy practices, or conduct of any third-party service.

Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the App will be uninterrupted, error-free, or compatible with any particular Audiobookshelf server version. We do not warrant the accuracy, completeness, or reliability of any content accessed through the App from your server.

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the above exclusions apply to the fullest extent permitted by applicable law, and any implied warranties are limited to the shortest period permitted by law.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEVITO DIGITAL SOLUTIONS LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE THEORY OF LIABILITY.

Our total aggregate liability arising out of or relating to these Terms or your use of the App shall not exceed the greater of (a) the amount you paid to us for the App in the twelve (12) months preceding the claim, or (b) twelve U.S. dollars ($12.00).

Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be excluded or limited under applicable law.

These limitations apply to all claims, including but not limited to: data loss or corruption on your server, server downtime or unavailability, incompatibility with server updates, loss of downloaded content, and playback interruptions.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by applicable law.

Indemnification

You agree to indemnify and hold harmless DeVito Digital Solutions LLC from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of: (a) your violation of these Terms, (b) your connection of the App to any Audiobookshelf server containing content that infringes third-party rights, or (c) your negligent or wrongful use of the App. This obligation does not apply to the extent that the claim results from our own negligence or willful misconduct.

Dispute Resolution

We encourage you to contact us at paul@devitodigitalsolutions.com before pursuing any formal dispute so we can attempt to resolve the matter directly.

You and DeVito Digital Solutions LLC each waive any right to a jury trial and any right to participate in a class action, collective action, or representative proceeding. All claims must be brought in the parties’ individual capacity, not as a plaintiff or class member in any purported class or representative proceeding.

Either party may bring an individual action in small claims court for disputes within that court’s jurisdictional limits.

In jurisdictions where class action or jury trial waivers are prohibited by law, these waivers do not apply.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. You consent to the exclusive jurisdiction of the state and federal courts located in Delaware.

Termination

You may stop using the App at any time by deleting it from your device. We may terminate or suspend your access to the App for conduct that we believe violates these Terms or is harmful to other users or our interests.

For Premium users, we will make reasonable efforts to provide notice before termination, except where immediate action is necessary due to violations of law or material breach of these Terms.

Upon termination, your license to use the App is revoked. Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law survive termination.

Changes to These Terms

We may update these Terms from time to time. Changes will be reflected in the App with an updated effective date. Your continued use of the App after changes are posted constitutes your acceptance of the revised Terms.

If we make material changes, we will note them in the App’s release notes. We encourage you to review these Terms periodically.

Additional Terms for European and UK Users

If you are a consumer habitually resident in the European Union, the European Economic Area, the United Kingdom, or Switzerland, the following additional terms apply. In the event of conflict with other provisions of these Terms, this section prevails for users in these jurisdictions.

Your statutory rights under applicable consumer protection legislation, including the EU Digital Content Directive (2019/770) and the UK Consumer Rights Act 2015, are not affected by these Terms. You have statutory rights to receive digital content that conforms with the contract, and these rights cannot be excluded or restricted.

The choice of Delaware governing law does not deprive you of the protection afforded by the mandatory provisions of the law of your country of habitual residence. You retain the right to bring proceedings in the courts of your habitual residence.

The indemnification obligations in these Terms apply only to the extent permitted by applicable consumer protection law in your jurisdiction and do not require you to indemnify us for any liability arising from our own acts or omissions.

If we make material changes to these Terms that negatively affect your rights, you may stop using the App. For subscribers, material changes entitle you to cancel and receive a refund for any pre-paid subscription period remaining, handled through Apple’s refund process.

General Provisions

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

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

These Terms, together with our Privacy Policy, constitute the entire agreement between you and DeVito Digital Solutions LLC regarding your use of the App. Apple’s Licensed Application End User License Agreement also applies to your use of the App as downloaded from the App Store.

Contact Us

If you have questions about these Terms of Service, please contact us: