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Industry updates · 14 October 2026 · 3 min read

What happens to your data when an AI tool goes bankrupt? The Character.AI case

Character.AI, an AI chat app, has started a Chapter 11 process to sell itself. Here is what it has told users about their data, what its privacy policy adds, and 4 questions to ask before any AI tool holds your business data.

Picture in a crochet style: an open moving box packed with amber folders stands beside a small navy suitcase, with a key lying in front.

What happens to your data when an AI tool goes bankrupt? It stays where it is until a buyer takes over or the service closes, and the tool’s privacy policy decides what can be done with it in the meantime. On 12 October 2026, Character.AI, an AI chat app, said it had started a voluntary Chapter 11 process to sell the company under a court’s supervision1.

Character.AI is a consumer app, not a business tool. But the questions its users now face are the ones to ask of any AI tool before your business data goes into it.

What has Character.AI told its users?

The service carries on for now, a sale is expected within weeks, and if no workable bid arrives, it closes.

  • The platform “remains up and running”, and paid subscriptions stay active with billing unchanged for now1.
  • The company expects the sale to be complete “by the end of November or perhaps early December 2026”1.
  • If no workable bid comes, “the platform will be wound down”1.

It gives its reason as “legal, regulatory, and operational headwinds”1. This is not a small service: it reported 20 million monthly active users as of early 2024, the most recent figure we found2.

What happens to the data?

Character.AI says it is still protected under its privacy policy. That same policy allows information to be passed on in a sale, and the company has not said what a buyer may do with it.

The company’s post says users’ information “continues to be protected under our Privacy Policy”, and reminds them that they can delete their account or export their data1. 3 details sit behind that sentence:

  • A sale is one of the allowed reasons to share. Under “Business Transfers”, the policy says the company may disclose certain information in connection with a “sale of company assets”3. It reads like small print until the day it is used.
  • Getting data out is slow. Character.AI’s help page says an export “can take 3-4 weeks to process”, and the download link then works for 7 days4. With the sale expected by early December, that leaves little room to wait.
  • Deleting is not always total. The policy says the company may keep some information to meet its legal obligations, and may keep a popular character active even after the user who made it deletes their account3.

What should you ask before an AI tool holds your business data?

4 questions: can we get our data out, how long does that take, can we delete it, and what happens to it if the company is sold or closes?

  1. Can we export everything, in a form another tool can read? Try it once before you depend on it.
  2. How long does an export take? If the answer is weeks, export on a schedule, not in an emergency.
  3. Can we delete our data, and what is kept afterwards?
  4. What do the terms say about a sale, a merger or a closure? Look for a “business transfers” clause, and ask any supplier you rely on what would happen to your data.

And 1 habit that needs nobody’s permission: never let an AI tool hold the only copy of something your business needs.

It is the same thinking as keeping the model replaceable. A tool can change, be sold or close. The work should be able to carry on. This is general guidance, not legal advice.

4 questions to ask before an AI tool holds your business data. Export: can we get everything out, in a form another tool can read? Export time: how long does it take? Deletion: can we delete it, and what is kept afterwards? Sale or closure: what do the terms allow if the company is sold or closes?
Our checklist. Whatever the answers, keep your own copy of anything the business needs.

Researched and drafted with AI tools, fact-checked against the sources below, and edited by Kringle Lam.

Sources

  1. Character.AI, An Update on Character.ai (opens in a new tab) (12 October 2026)
  2. Sacra, Character.AI revenue, valuation & funding (opens in a new tab)
  3. Character.AI, Privacy Policy (effective 1 July 2026) (opens in a new tab) (1 July 2026)
  4. Character.AI Help Center, How do I download my data? (opens in a new tab) (8 October 2026)