Terms of Use

Terms of Use

SmartData All-In-One

Hughes Technology, LLC, operating as Hughes Education and SmartData Dashboard

Document ID HT-TOU-26.2 · Version 2.2 · Effective October 2026 Supersedes the Terms of Use and Service previously published at smartdatadashboard.com/legal

The short version

• These terms cover our websites and the use of SmartData All-In-One by the people a customer has given an account to.
• District data belongs to the district. We claim no ownership of, and no license to, student or district data beyond what it takes to run the service the district hired us for.
• A signed agreement wins. Where a district has signed a data privacy agreement or a service agreement with us, that agreement governs over these terms.
• Privacy is covered by our Privacy Policy, HT-PP-26.2, which is part of these terms.
• Our software and content belong to us. You may use them for your organization's educational work. You may not resell, copy, or reverse-engineer them.
• Nothing here reduces what we owe a district under its data privacy agreement — including our obligations if a security incident ever affects its data.

The rest of this document is the detail behind those six statements.

1. Who these terms cover

These terms apply to our websites at smartdatadashboard.com, and to SmartData All-In-One and the modules that run on it, including Program Evaluation (together, the "Service").

• "Customer" means the school district, charter organization, education agency, or other organization that subscribes to or pilots the Service.
• "Authorized Users" means the individuals a Customer gives an account to — administrators, educators, staff, and, where the Customer directs, students.
• "You" means you as an individual and, where you use the Service on behalf of a Customer, that Customer.
• "We," "us," and "our" mean Hughes Technology, LLC.

By using the Service or our websites, you agree to these terms. If you accept them on behalf of a Customer, you confirm that you have authority to do so. If you do not agree, do not use the Service.

2. Where a signed agreement governs instead

Where the Customer is a United States educational agency or institution, or a party acting on its behalf, the following order of precedence applies, and any conflicting provision of these terms has no effect:

1. a data privacy agreement executed between us and the Customer, including the Texas Student Data Privacy Agreement (TX-NDPA) and any state supplemental exhibits;
2. the executed service, pilot, or data sharing agreement;
3. our Privacy Policy, Document ID HT-PP-26.2, as amended; and
4. these terms.

We act as a "school official" with a legitimate educational interest under 34 C.F.R. § 99.31(a)(1)(i)(B). We perform an institutional service the educational agency would otherwise perform with its own employees, we remain under the agency's direct control with respect to the use and maintenance of education records, and we are bound by the redisclosure limits of 34 C.F.R. § 99.33(a). We assert no ownership interest in, and claim no license to, Student Data or LEA Data beyond what is necessary to perform the contracted services.

"Student Data" and "LEA Data" have the meanings given in the applicable data privacy agreement. Where there is no such agreement, they mean any information provided to or collected by us that relates to an identified or identifiable student, an identified or identifiable educator, or the educational agency.

We hold our practices to the standard of the Texas Student Data Privacy Agreement — TX-NDPA v1r6, including Exhibit G — and will sign it without modification for any Texas district that asks.

3. Privacy

Our Privacy Policy, Document ID HT-PP-26.2, published at smartdatadashboard.com/privacy, is part of these terms. It explains how we collect, use, protect, share, retain, and delete information.

The Privacy Statement effective July 1, 2021, and the Data Privacy and Security Policy HT-PP-26.1.1, are retired. Any reference to either of them in an earlier agreement or document is a reference to the Privacy Policy.

4. Accounts and access

The Customer controls access. The Customer decides who receives an account and at what role, and is responsible for granting and removing access as people join and leave.

Accounts are personal. Each Authorized User receives their own credentials. Accounts may not be shared, and may not be given to a third-party vendor or anyone using the Service for their own products or for commercial gain.

Keep credentials secure, and tell us quickly. Notify us immediately at support@hugheseducation.net if you know or suspect that an account or credential has been used without authorization.

We may suspend a compromised account. If we reasonably believe an account is compromised or is being used in a way that threatens the security of the Service or of Customer data, we may suspend it and will notify the Customer promptly.

5. Subscriptions, pilots, and fees

What a Customer receives — which modules, for how long, for how many users, and at what price — is set by the Customer's order, subscription, or pilot agreement. These terms do not set fees.

Pilots are provided at no charge for a limited period under a written pilot or data sharing agreement. When a pilot closes, the Customer's data is handled as described in Section 9 of our Privacy Policy unless the Customer proceeds to a subscription.

Subscriptions run for the term stated in the order. Fees for a term already paid will not change during that term. Training and implementation services purchased for a subscription term are to be used within that term unless the order says otherwise.

6. Who owns what

Customer data belongs to the Customer. As between you and us, the Customer owns all information, data, and content it or its Authorized Users provide to the Service ("Customer Data").

So does what the Service produces from it. Reports, outputs, analyses, caches, search indexes, embeddings, and other materials generated from Customer Data ("Derived Materials") belong to the Customer. Derived Materials generated from Student Data or LEA Data remain protected customer records: they carry the same use limits, retention schedule, and deletion obligations as the data they came from, and they are never used to train or fine-tune any artificial intelligence model.

Aggregate statistics, under conditions. We may retain aggregate, de-identified statistical information that cannot reasonably be used to identify any individual, consistent with 34 C.F.R. § 99.31(b). We will not attempt to re-identify it, and we will obtain the Customer's written approval of how it is presented before we publish anything that identifies the Customer.

Our software and content belong to us. The Service, its software, design, documentation, templates, text, graphics, and our names and logos are owned by Hughes Technology or our licensors and protected by intellectual property law. You receive only the rights these terms expressly grant.

Your license. We grant the Customer and its Authorized Users a limited, non-exclusive, non-transferable, revocable license to use the Service during the subscription or pilot term, solely for the Customer's educational purposes and subject to these terms.

Suggestions. If you send us ideas or suggestions about the Service, we may use them without obligation to you. Suggestions never include Customer Data.

7. Acceptable use

You may not:

• resell, sublicense, rent, or lease the Service, or provide it to a third-party vendor for use in its own products or services;
• copy, modify, or create derivative works of the Service, or disassemble, decompile, or reverse-engineer it;
• use the Service to build, benchmark, or market a competing product;
• scrape or bulk-extract data from the Service by automated means, other than through the export functions the Service provides;
• overload, disrupt, or probe the security of the Service, including penetration testing, without our prior written permission;
• upload malicious code, or content that is unlawful, infringing, defamatory, or harassing;
• impersonate another person or misrepresent your affiliation; or
• use the Service in violation of any law, including laws protecting student privacy.

None of these restrictions limit the Customer's use, disclosure, or retention of its own Customer Data or Derived Materials, which the Customer may use as it determines, subject to applicable law and any executed data privacy agreement.

8. AI-assisted features

Some features of the Service use artificial intelligence to summarize, draft, and suggest. AI-generated content is a draft for human review. It does not determine eligibility, disability classification, placement, discipline, or any other consequential outcome, and you agree not to treat it as if it does. Those decisions belong to the people and committees with legal authority to make them.

The Customer may turn AI features off entirely. How AI features handle data — including that Customer Data is never used to train any model — is described in Section 6 of our Privacy Policy.

9. Documents the Service helps produce

The Service helps staff prepare notices, forms, reports, and other documentation, using the rule set configured for the Customer's state. We work to keep that content accurate and current, but laws and their interpretation vary and change. Documents generated by the Service support — and do not replace — the professional judgment of the Customer's staff, who remain responsible for reviewing them before use. Nothing in the Service is legal advice.

10. Content you post on our websites

Student Data and LEA Data are excluded from this section entirely, and we acquire no license to them under it.

If you voluntarily submit other material to a public or community area of our websites, or through a contact form, you grant us a non-exclusive, non-transferable, royalty-free, revocable license to host, display, and distribute it solely to operate the website. That license ends when the material is removed or your account is closed.

You confirm that you have the rights needed to submit it, and that it complies with Section 7. Do not post student information in any public or community area.

We do not pre-screen user submissions and may remove any that violate these terms. This concerns editorial responsibility for website content only; it does not affect our obligations for the security, confidentiality, handling, retention, or deletion of Student Data and LEA Data.

Children. Where students under 13 use the Service, the Customer provides consent on behalf of parents for educational use, consistent with the Children's Online Privacy Protection Act. Use of the Service is strictly educational, with no commercial use of student information.

11. Security

Our security commitments are set out in Section 7 of our Privacy Policy and, for education customers, in the executed data privacy agreement. Where that agreement states a security obligation, a breach-notification timeline, or an allocation of breach-related costs, the agreement governs.

The Customer is responsible for the accuracy and lawfulness of the data it provides, for managing its users' access, and for decisions its staff make using the Service.

12. Changes to the Service

We continually improve the Service and may add, change, or retire features. We will not materially reduce the core functionality a Customer has paid for during a paid term without notice and, where the Customer's agreement provides one, a remedy. We aim for continuous availability, but the Service may occasionally be unavailable for maintenance or for reasons beyond our reasonable control.

13. Suspension and termination

We may suspend or end access to the Service if a Customer or Authorized User materially violates these terms, engages in fraudulent or unlawful activity through the Service, or if we are legally required to. Where the Customer's agreement provides notice or cure rights first, those rights apply.

A Customer may stop using the Service at any time, subject to its order.

When access ends, the license in Section 6 ends with it. Our obligations to return or destroy Student Data and LEA Data survive until performed, as described in our Privacy Policy and the Customer's data privacy agreement. Sections 2, 3, 6, 7, 10, 11, and 13 through 20 survive the end of these terms.

14. Third-party sites

Our websites may link to third-party sites. We are not responsible for their content, availability, or practices, and a link is not an endorsement. You may not frame or mirror our websites or Service without our written permission.

15. Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, OUR PRIVACY POLICY, OR A CUSTOMER'S EXECUTED AGREEMENT, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

This section does not limit our obligations for the security, confidentiality, or handling of Student Data or LEA Data, which are governed by Section 2, our Privacy Policy, and the applicable data privacy agreement.

16. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS PROVIDED BELOW: (A) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS; AND (B) OUR TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES THE CUSTOMER ACTUALLY PAID FOR THE AFFECTED SERVICE.

These limits do not apply to our obligations under an executed data privacy agreement with an educational agency, including any obligation to reimburse or indemnify for costs arising from a security breach. Those obligations are governed by that agreement and are not capped by this section.

No claim under these terms may be brought more than two years after it arose, except where an executed agreement or applicable law provides otherwise.

17. Indemnity

To the extent permitted by the law that applies to the Customer — including constitutional and statutory limits on a public entity's ability to indemnify — the Customer will defend and indemnify us against third-party claims arising from (a) its violation of these terms, (b) its use of the Service in violation of law, or (c) material it submits without the necessary rights or consents. Nothing in these terms requires a public entity to give an indemnity its governing law prohibits.

The Customer has no indemnity obligation for any unauthorized access to, disclosure of, or loss of Student Data or LEA Data occurring within our systems or arising from our acts or omissions, or those of our service providers. Our obligations in that event — investigation, remediation, notification, credit monitoring, regulatory fines, and legal costs — are governed by the executed data privacy agreement, and these terms do not limit them.

18. Confidentiality

Each party will protect the other's non-public business information — including pricing, product plans, and security documentation — with reasonable care and use it only for purposes of the relationship. This does not cover information that is or becomes public through no fault of the recipient, was already known to the recipient, is received from someone free to share it, or is independently developed. Student Data and LEA Data are additionally protected by Section 2, our Privacy Policy, and the applicable data privacy agreement. Nothing here prevents a public Customer from complying with public information law.

19. Changes to these terms

We may update these terms. When we do, we post the revised version here with a new effective date and document ID, and we notify Customers of material changes. Where a Customer's executed agreement requires advance notice or consent for a change, that requirement governs. For Customers without an executed agreement, changes take effect thirty days after posting.

20. Governing law and general terms

Governing law. Hughes Technology, LLC is an Arkansas company. Except as provided below, these terms are governed by the laws of the State of Arkansas, without regard to its choice-of-law rules, and any dispute will be brought in the state courts located in Baxter County, Arkansas, or the federal courts for the Western District of Arkansas.

Public education customers. Where the Customer is a public school district or other public educational agency, the laws of the Customer's state govern instead, and venue lies in the county where the Customer is located. Where an executed data privacy agreement or service agreement between us addresses governing law or venue, that agreement controls — including, for a Texas educational agency under the TX-NDPA, Texas law and exclusive venue in the county where the agency is located.

The whole agreement. These terms, our Privacy Policy, and any order or agreement between us are the entire agreement on their subject, applied in the order of precedence in Section 2.

Assignment. Neither party may assign these terms without the other's written consent, except that we may assign them to a successor in a merger or acquisition that accepts our obligations, subject to the notice and termination rights in the Customer's data privacy agreement.

Other terms. If any provision is unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver. These terms are written in English as spoken in the United States.

Contact us

Hughes Technology, LLC (operating as Hughes Education and SmartData Dashboard) PO Box 389, Mountain Home, Arkansas 72654

Email: support@hugheseducation.net Phone: (844) 437-6123 Web: smartdatadashboard.com