Warn from WhatsApp Inc. (translate to easy english)

[Ziad]

Hello Everyone some of you might know and some not but i have an application on playstore that is for autoreply for Whatsapp and other chat application link here: https://play.google.com/store/apps/details?id=com.applicationexpress.imautoreply

Today i received an email claiming to be the law firm on behalf of whatsapp called beccarvarela the email is a Notice of Requirement to Cease and Desist the application, i didn't understand quite well what the said in the topic because they use that kind of heavy formal English , but i understood that it's against the terms and use of WhatsApp, if anyone can help me translate it to simple english and enlighten me what i should do i would be great full!

There is a lot of competitors for this application on the play store why they should refer to me only ask me to stop the development of my app ? i'm feeling something fishy like a competitor is trying to shut me down with some bad practices ? even tho the email seems to be well formed, and the PDF containing the request too

Bellow the content of the PDF file.

VIA E-MAIL
Application Express 1M Auto Reply ziad kiwan 1992@hotmail.com
Re:    Notice of Requirement to Cease and Desist
Dear Application Express,
We represent WhatsApp Inc. ("WhatsApp"). We write to provide notice that your operation of "1M Auto Reply" I ("Your Service") violates WhatsApp's legal rights and must be discontinued immediately and permanently.

Pursuant to WhatsApp's Terms of Service, you are prohibited from using (or assisting others in using) WhatsApp's apps, services, features, software, or website (the "WhatsApp Services") in ways that:
    Violate, misappropriate, or infringe the rights of WhatsApp or its users, including privacy, publicity, intellectual property, or other proprietary rights;
    Involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or
    Involve any non-personal use of the WhatsApp Services unless otherwise authorized by WhatsApp.
In addition, you must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, transfer, display, perform, or otherwise exploit the WhatsApp Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm WhatsApp, the WhatsApp Services or systems, or WhatsApp's users, including (as relevant here) that you must not directly or through automated means:
    Reverse engineer, alter, modify, create derivative works from, decompile, or extract code from the WhatsApp Services;
    Interfere with or disrupt the integrity or performance of the WhatsApp Services; or
    Collect the information of or about WhatsApp's users in any impermissible or unauthorized manner.
By way of non-exhaustive example, Your Service violates each of the above provisions. You agreed to these Terms of Service by installing, accessing, or using the WhatsApp Services.
WhatsApp demands that you immediately cease all development, distribution, promotion, operation, sale, and offering of Your Service at all distribution points — including websites and social media accounts — and confirm you will not in the future develop, distribute, promote, operate, sell, and/or offer Your Service or any like code, products, services, or resources. We request that you notify us of your compliance within seven days of the date of this letter by responding to this e-mail.
To avoid confusion, WhatsApp hereby revokes your limited license to access the WhatsApp Services for any reason whatsoever. This means that you, your agents, employees, affiliates, or anyone acting on your behalf (collectively, "Your Parties") shall not access the WhatsApp Services for any reason whatsoever. Any activity by Your Panies on the WhatsApp Services is intentional and unauthorized access to the WhatsApp Services and systems.
This letter is not a complete list of all of WhatsApp's rights you may have violated. This letter is not intended by WhatsApp, and should not be construed by you, to be a waiver, relinquishment, or limitation of any other rights and remedies that WhatsApp may have against you in this or any other matter. WhatsApp specifically reserves all such rights and remedies, whether at law 01' in equity, under applicable laws (including domestic and foreign laws).
Finally, please note that you are legally required to preserve all documents, tangible things, and electronically stored information in any way connected to the issues addressed in this letter.
We look forward to hearing from you.

[TedHamilton]

It seems to be legit, though you might want to confirm more from the email sending it or by directly contacting WhatsApp to inquire about the the authenticity of the email.

You are developing an application that allegedly invades WhatsApp users' privacy and offers services that the WhatsApp company considers exclusive, and they might also be suspicious about your intentions as a developer of the application and how secure it might be for any potential user of it.

[Mr. Goobii]

Give em' hell. Don't surrender, fight until the end!

[TedHamilton]

Give em' hell. Don't surrender, fight until the end!

They could sue him, and they're already waiting for an answer.

[Younes]

I suggest you try connecting to Whatsapp and see if your access was really revoked.. contact Whatsapp by an official method and see whether it's legit..

It's best not to violate their terms anyways.. I'd say rather comply with them and develop something within the terms.

[Chase]

I'll try to explain it in simplest terms for you. This is a Cease and Desist letter. A cease and desist letter is basically a formal threat of legal action. They are saying if you do not pull the app from the app store and you do not stop making app support whatsapp, then they will try to sue you. I looked at your app on the store and you put your email in the description. IMO this is a bad idea for apps like this. If you didn't put down your email, they would have had a lot harder of a time finding a way to send you that letter.

Their argument is that their terms of service for WhatsApp prohibits any sort of "auto-messaging", which includes automatic replies. Your app enables users to break their ToS.

To me this looks legit. However I would indeed contact WhatsApp to verify the message for good measure.

I know this is a dick move on their part, but given how big of a legal team WhatsApp probably has, I would immediately pull the app down if I were you. It's not worth getting sued out of everything you own over it.

[Ziad]

Hello Guys, thanks for the help i sent them the email below  What do you think ?

Dear Ms.Rabasa,


Thank you for contacting me regarding my application (IM Auto reply).


Please inform the WhatsApp team my apologies because i didn't know that it's not allowed and it violates the TOS of Whatsapp (You know no one read the TOS), there is a lot of Apps that offer the same function so I'm wondering why did you target me only ?


I will drop the WhatsApp support from the Application ASAP, but before that you know these generated CD (Case and Desists) are found everywhere on the internet, it even can be generated by anyone using a fake name to anyone, and I'm wondering that might be a competitor act to try and drop me down from the market, is there a way i can verify the authenticate of the letter, once it's verified and as i said before i will drop the WhatsApp Support from my application until further TOS(Tearm of Service) change.


Please note that the application offers many services one of the them is the "WhatsApp Service" you defined, so dropping the "WhatsApp Service" is enough right ?


Thank you again for contacting me before acting, looking forward for your reply including the verification of authenticate


Best Regards.

[Julio.]

I wouldn't reply to the email you received.

Send an email to "[email protected]" with the email you received attached to it. Ask them about the validity of the received email.

I believe the app does breach the ToS though, so I would guess this is legitimate. What is the sender email address?

[JackDockz]

Can whatsapp email you?

[Ziad]

I wouldn't reply to the email you received.

Send an email to "[email protected]" with the email you received attached to it. Ask them about the validity of the received email.

I believe the app does breach the ToS though, so I would guess this is legitimate. What is the sender email address?

Why you wouldn't reply tho ? the email was [email protected]

[Ziad]

Can whatsapp email you?

as they said, they are speaking on behalf of whatsapp, its their client.

[Julio.]

I wouldn't reply to the email you received.

Send an email to "[email protected]" with the email you received attached to it. Ask them about the validity of the received email.

I believe the app does breach the ToS though, so I would guess this is legitimate. What is the sender email address?

Why you wouldn't reply tho ? the email was [email protected]

I work in cyber security, so whenever I see emails like this I work on the assumption they're falsified and with malicious intent. I then attempt to positively identify whether it's a legitimate source and then work from there.

You said the below:

I will drop the WhatsApp support from the Application ASAP, but before that you know these generated CD (Case and Desists) are found everywhere on the internet, it even can be generated by anyone using a fake name to anyone, and I'm wondering that might be a competitor act to try and drop me down from the market, is there a way i can verify the authenticate of the letter

...

....
Thank you again for contacting me before acting, looking forward for your reply including the verification of authenticate

In your email to them, you're asking them to verify that they're not fake, that's like a policeman asking somebody if they've committed a crime, of course they'll say no.

If you receive a email pretending to be from your bank, you don't reply to the email saying "please verify you're not fake," you get in touch with your bank using a reputable contact method and get confirmation that way... in the same way, in this instance I would contact WhatsApp support to confirm whether the cease and desist letter is genuine.

[Ziad]

The Email i received back from them:

Dear Application Express,

 

Regarding your question on the authenticity of the letter or our authority, you can confirm it by contacting: [email protected] .

 

We hereby restate that we represent WhatsApp Inc. and again request compliance with the letter herein re-attached.

 

Thank you.

 

Kind regards,

i will contact whatsapp and ask them via the email they provided

[Marcel]

It sounds as if the email is legit. While I strongly disagree with email as the method of delivery to you, I suggest you pull the app from the app store. Even if you have a valid point that you are not breaking any laws with your app, you will never be able to go against their legal team.

tldr; You've awoken the goliath, don't bother fighting it, run instead.

[Ziad]

It sounds as if the email is legit. While I strongly disagree with email as the method of delivery to you, I suggest you pull the app from the app store. Even if you have a valid point that you are not breaking any laws with your app, you will never be able to go against their legal team.

tldr; You've awoken the goliath, don't bother fighting it, run instead.

Exactly what i've though i've woken them, i want no headache so remove the whatsapp service from the application and yeyyyyyyyy it's all done