Terms of service

OutPull is operated by Cristian Calcagnile, Viale Carducci 25, 55049 Viareggio (LU), Italy. VAT: IT02003710460. Contact: info@outpull.tech.

These terms govern all use of outpull.tech. By casting a pull, registering a product or placing a bid you accept them, together with the Fair Play Rules and the Acceptable Product Policy, which form part of this agreement.

If you do not accept them, do not use the service.

OutPull runs a continuous competition. Two digital products face each other for 24 hours, closing at 20:00 UTC, and the public decides the winner by casting one pull each. A daily auction, locking at 19:00 UTC, decides which product takes the challenger place in the next battle.

We provide the arena and the counting. We do not sell, endorse, verify or guarantee any product competing in it, and we are not party to any transaction between you and a competing product.

Anyone may vote. One valid pull per person per 24-hour battle, with no account required.

Attempting to cast more than one pull, or to manufacture pulls by automation, coordination for payment or any other means, voids those pulls. Where a product benefits from such activity it may be removed from the arena under the Fair Play Rules.

Pull counts are final when the battle closes at 20:00 UTC. If the counts are level, the reigning champion keeps the title.

Registration is free and open to businesses and to private individuals with the capacity to contract.

By registering you confirm that you own the product or are authorised to represent it, that it is live and publicly accessible, and that the name, description, category, logo and any battle offer you publish are accurate and not misleading.

Your product's identity is locked once it places its first competitive bid, so that the public votes on the same thing it was shown.

Competitive access costs $29 USD and lasts 14 days. It unlocks bidding and visibility in the auction queue. The full fee is credited against your first successful winning bid placed within that period.

Bids start at $50 USD and rise in steps of $50 USD. Every bid must exceed the current funded leading bid.

A bid takes effect only when you approve the associated PayPal authorisation. Until then it holds no position and does not affect anyone else's bid. An authorisation is a hold on your funds, not a charge.

If you hold the leading funded bid when the auction locks at 19:00 UTC, the hold is captured and your product enters the next battle as challenger. If you do not, the hold is released.

A winning bid buys the right to challenge. It does not buy, guarantee or influence the outcome of the battle, which is decided solely by valid public pulls.

Prices are stated in US dollars. Your payment provider may apply its own conversion and fees, which are outside our control.

Cristian Calcagnile is VAT registered in Italy under IT02003710460. VAT is applied where due according to your status and place of establishment: business customers in another EU member state who supply a valid VAT identification number are invoiced under the reverse charge mechanism; consumers in the EU are charged VAT at the rate of their own country; customers outside the EU are generally outside the scope of Italian VAT.

An invoice or receipt is issued for every payment and made available to the email address on your account.

This section is provided under Regulation (EU) 2019/1150 on fairness and transparency for business users of online intermediation services.

There are exactly two ranking mechanisms, and no others. In the auction, products are ranked by the amount of their funded bid, highest first; a bid without an approved payment hold is not ranked at all. In a battle, the two products are ranked by the number of valid pulls they receive.

No payment, relationship or characteristic of a product influences ranking beyond the bid amount itself, and nothing influences the outcome of a battle except the public vote. We apply no algorithmic weighting, personalisation or editorial preference.

Rules that constrain who may be ranked — no immediate rematches, one active product per founder, and no founder challenging their own champion — are set out in the Fair Play Rules and applied uniformly.

We may restrict, suspend or remove a product that breaches these terms, the Fair Play Rules or the Acceptable Product Policy, that misrepresents itself, or that exposes visitors to harm or unlawful content.

Before restricting or suspending a business user's product we will give a statement of reasons on a durable medium. Where we terminate a business user's access entirely, we will give 30 days' notice with reasons, except where a legal obligation requires immediate action, where there is a repeated breach, or where the product exposes visitors to fraud, malware or other serious harm.

Where removal follows a breach by the founder, fees already paid are not refunded and any captured bid is not returned.

Business users may complain about any decision affecting them, including ranking, suspension or removal, by writing to info@outpull.tech with the product name and the decision concerned. We acknowledge within 5 business days and give a reasoned answer within 30 days, in the language of these terms.

We keep a record of complaints and their outcomes. Where a complaint cannot be resolved, we are willing to engage in good faith with an independent mediator; the mediator we identify for this purpose will be named here once appointed.

This does not affect a business user's right to bring proceedings before a court.

If you are a consumer resident in the European Union, you normally have 14 days to withdraw from a distance contract without giving a reason, under the Consumer Rights Directive 2011/83/EU as implemented in Italy by the Consumer Code.

Competitive access is a digital service supplied immediately. When you purchase it you are asked to expressly request that supply begins at once and to acknowledge that you therefore lose your right of withdrawal once it has been fully performed. If you do not give that acknowledgement, your 14-day right applies in full and you may withdraw for a refund.

To withdraw, send an unambiguous statement to info@outpull.tech before the period expires. You may use the model withdrawal form in Annex I of the Directive, but you are not required to.

This section does not apply to business users, for whom the right of withdrawal is not available.

The service is provided as it is. We do not guarantee uninterrupted availability, a particular level of traffic, a number of pulls, or any commercial result from competing.

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited under Italian law. Consumers' statutory rights are unaffected.

Subject to that, our total liability to you arising out of or in connection with the service is limited to the fees you paid us in the twelve months preceding the event giving rise to the claim.

You keep all rights in the product name, description, logo and offer you submit. You grant us a non-exclusive, worldwide, royalty-free licence to display and reproduce them for the purpose of running the arena and promoting the competition, including in the share images generated for you. This licence ends when the material is removed, except for copies already published by third parties and for the historical record of battles that took place.

You are responsible for holding the rights to everything you submit.

We may change these terms. Business users will be given at least 15 days' notice of changes before they take effect, and longer where the change requires technical adaptation, as required by Regulation (EU) 2019/1150. A business user may terminate before the change takes effect.

Changes required by law or to address a security risk may take effect immediately.

These terms are governed by Italian law.

For business users, the courts of Lucca, Italy have exclusive jurisdiction.

If you are a consumer, you benefit from the mandatory protections of the law of your country of residence, and you may bring proceedings in the courts of that country. Consumers in the EU may also use the European Commission's online dispute resolution platform.