This is something that should be confirmed by others including Auctiva.
You might also file a support request and ask auctiva directly if they are aware that ebay is critical of its photos uploading on mobile devices. They may be able to dispel the allegation. I would wait until tomorrow as support on the weekends is pretty slim.
I am not sure penalty is the right word but clearly issues about auctiva photos showing up on mobile devices has been raised in the past.
Thanks so much for sharing this. I hope others will contact ebay and share the comments here.