What we handle, what you handle

The short version

  • We mark every image as AI-generated. That's our duty as the provider under the EU AI Act, and we do it for you.
  • Personal use: the EU AI Act asks nothing extra of you. Our Terms and Acceptable Use Policy, and other people's rights, still apply.
  • Professional use: label realistic images when you publish them, and keep the Content Credentials in the file.

The details are below. This page is general information, not legal advice.

What Depicta does

  • Marks every image as AI-generated.
    • Every image Depicta generates carries Content Credentials (C2PA), which record that it is AI-generated, and an invisible watermark in each file we deliver, except very plain or transparent images and GIF or SVG files. Check an image for our marks.
    • This is how we meet our marking duty as the provider under the EU AI Act (Article 50(2)).
  • Checks every request before anything is made.
    • Before we generate or process an image, we check your prompt and every input image against our Acceptable Use Policy.
    • We also check every image we generate before we deliver it.
    • Sexually explicit images, and realistic images of real people without their consent, are never allowed.
  • Keeps as little as possible.
    • Images are delivered through links that expire after one hour, and we delete them shortly afterwards.
    • Photos you upload are deleted within 24 hours.
    • We keep your prompts for 12 months, encrypted, to investigate abuse and to answer lawful requests from authorities.
    • We also keep a fingerprint (hash) of each image, which cannot be turned back into the image.
  • Runs in the EU.
    • Depicta is built and operated by 30ohm L.P. in Greece, and our servers and storage are in France.
    • To make an image, we send your prompt and any input images, through OpenRouter, to the AI model provider for the model you use. Some of these providers are outside the EU.
    • The Privacy Policy lists each provider, where it processes data and how long it may keep it.
  • Lets Stripe handle payment and VAT.

    Stripe is our merchant of record. It charges the VAT that applies in your country.

  • Leaves you in control.
    • You can export your data, close your account, and withdraw from a credit purchase within 14 days.
    • Within 14 days, you get back what you paid for the credits you have not used (Withdrawal Policy).

What you need to do

Which applies to you? If an image is for your job, your business, your clients or a brand you run, that's professional use, even when it's a side project. Images for yourself, your family and friends are personal use.

Personal use

Images for yourself, your family and friends, not as part of a job or a business.

  • No AI label is required by the EU AI Act. Its labelling duty doesn't apply to purely personal, non-professional use.
  • Label realistic images you share publicly anyway. It avoids misleading people, and many social networks require it.
  • Leave the Content Credentials in place. Our Terms don't allow removing them.
  • Follow our Acceptable Use Policy.
  • Be careful with real people. Don't post images of real people that could embarrass or mislead, even as a joke. Their rights to their own image apply whatever tool you use.

Professional use: before you publish

Anything for your work, business, clients, publications, ads, or social media as a creator or a brand.

  1. Does it look real?
    • Label it if it shows, or could be taken for, a real person, place, object or event. Say visibly that it's AI-generated, at the latest when people first see it (EU AI Act, Article 50(4)).
    • How: a short caption such as "AI-generated image" is enough. For clearly artistic or fictional work, a light, unobtrusive caption will do.
    • No label needed: abstract, decorative and clearly illustrated images.
  2. Are the Content Credentials still in the file?
    • Don't remove them.
    • Many editors and converters strip them when you resize or change format. Depicta's own processing operations keep them. They can include a small preview of the original, so a crop can still carry a preview of the uncropped image.
  3. Does your product photo show what the customer will get? AI product photos must not make a product look different from what the customer will receive, such as its size, colour, materials or what's included. Consumer protection law applies to your ads and listings.
  4. Do you have the rights?
    • You need permission to use photos of other people, and their consent for realistic images of them.
    • Don't generate other companies' logos, characters or protected designs for your own commercial use.
    • AI-generated images may not be protected by copyright, so others may be able to reuse them too (Terms, section 7).

Questions?

Write to hello@depicta.ai. The full rules are in our Terms of Service, Privacy Policy, Acceptable Use Policy and Cookie Policy.