These Hidden Deployment Terms apply when an operator configures an Orchard enrollment key to hide the Watcher's system-tray icon (a "Hidden Deployment") and deploys the Watcher using that key. They supplement the agreement that otherwise governs use of Orchard. Acceptance is required, and recorded, before a hidden enrollment key is issued.
1. What a Hidden Deployment does
On each machine enrolled with a hidden key, the Watcher operates exactly as in a visible deployment, except that no system-tray icon is shown. It continuously records activity metadata (active application, window title, control names, idle time, hardware inventory, and network flow metadata — never payload contents); while a workflow recording is active it additionally captures the values entered into on-screen fields and clipboard text, except password-marked fields; a recording may be started remotely and may run without an on-screen indicator; and approved automations may be replayed, visibly or on a hidden desktop. The Watcher does not capture screen pixels, raw keystrokes, password-marked fields, or file contents.
The only difference a Hidden Deployment introduces is the removal of the tray-icon disclosure. It changes what people using the machine are shown, not what is collected.
2. Your authority and responsibility
By accepting these Terms and for each Hidden Deployment, you represent and warrant that:
- Authorization. You are authorized to install and operate monitoring software in a Hidden Deployment on each target machine — by ownership, written agreement with the machine's owner or the client, applicable workplace policy, or other lawful authority.
- Lawfulness. The Hidden Deployment, and all monitoring, recording, and automation it enables, is lawful under all applicable law in every jurisdiction where a machine or its users are located — including laws on electronic surveillance and interception, workplace monitoring, notice and consent, and data protection.
- Notice and consent. You have provided every notice and obtained every consent and authorization that applicable law, any employment or collective agreement, any works-council requirement, or the client's own policies require — or confirmed, on advice you are responsible for obtaining, that none is required.
- Client authorization. Where a machine belongs to or is used on behalf of a client, you have that client's authorization for the Hidden Deployment specifically, in addition to any general monitoring authorization already on file.
- Permitted purpose. You are using the Hidden Deployment for a legitimate business purpose, and not to facilitate stalking, harassment, intimate-partner surveillance, monitoring of a person on a device that person owns without a lawful right, or any other unlawful, tortious, or abusive purpose.
3. Orchard provides a configuration option, not advice
Orchard makes the visibility control available as a configuration option. Orchard does not advise, and nothing in the product or its documentation should be read to advise, that a Hidden Deployment is appropriate, necessary, or lawful in any particular circumstance. Selecting a Hidden Deployment is your independent decision, and as between you and Orchard you are solely responsible for that decision and its consequences, including compliance with applicable law and the provision of notices and consents.
4. Assumption of risk; liability
You knowingly assume the risks of a Hidden Deployment, including the risk that covert monitoring is restricted or prohibited in a relevant jurisdiction. To the maximum extent permitted by applicable law, Orchard and its affiliates and their personnel will have no liability arising out of or relating to a Hidden Deployment, including any claim by an end user, a client, a regulator, or any third party, and including the concealment of the Watcher's presence. This section is subject to, and read together with, the limitation of liability in the governing agreement.
5. Indemnification
You will defend, indemnify, and hold harmless Orchard and its affiliates and their personnel from any claim, demand, action, investigation, liability, damage, penalty, fine, or expense (including reasonable attorneys' fees) arising out of or relating to your Hidden Deployment, any breach of the representations in Section 2, or any monitoring, recording, or automation conducted via a Hidden Deployment.
6. No legal advice
Orchard is not a law firm and provides no legal advice. You are responsible for obtaining your own legal advice about Hidden Deployments in each relevant jurisdiction.
7. Record of acceptance
When you accept these Terms to mint a hidden enrollment key, Orchard records the identity and email of the accepting person, the date and time, the version of these Terms accepted, and the enrollment key and client to which the acceptance relates. This record is retained as evidence of acceptance.
8. Versioning and governing law
Orchard may update these Terms; minting a new Hidden Deployment after an update requires acceptance of the then-current version. These Terms are governed by the law and subject to the venue stated in the governing agreement, or, if none, the State of Delaware, USA.