Earlier quoted context omitted.
It's interesting to note from Whatsapp legal info that they say it's only for USA based users. cf my comment https://news.ycombinator.com/item?id=7267310 or http://www.whatsapp.com/legal/
The TOS doesn't say "only for" it says: "The Service is controlled and offered by WhatsApp from its facilities in the United States of America. WhatsApp makes no representations that the WhatsApp Service is appropriate or available for use in other locations. Those who access or use the WhatsApp Service from other jurisdictions do so at their own volition and are responsible for compliance with local law."
>"Special Note to International Users
>"The WhatsApp Site and Service are hosted in the United States and are intended for and directed to users in the United States. If you are a user accessing the WhatsApp Site and Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the WhatsApp Site and Service, which are governed by California law, this Privacy Policy, and our Terms of Service, you are transferring your personal information to the United States and you expressly consent to that transfer and consent to be governed by California law for these purposes." //
Indeed checking now, from UK on 21 Feb 2014, http://www.whatsapp.com/legal/ still reads as above.
"intended for and directed to users in the United States"